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V1456-22 20 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition value of donated land includes tax paid for deed of notoriety

Taxpayers sought clarification on the acquisition date and value to calculate capital gains following the sale of land received via donation and subsequently regularised through a deed of notoriety. The DGT ruled that the acquisition value consists of the amount determined under Inheritance and Gift Tax regulations, plus all inherent expenses and taxes, including the transfer tax paid during the regularisation process.

The question raised

Given that the land was transferred in 2021, what will be the date and the acquisition value thereof for the purposes of calculating the capital gain or loss in the Personal Income Tax.

The DGT's ruling

As it is an acquisition for gratuitous consideration, the acquisition value consists of the amount resulting from the Inheritance and Gift Tax rules, not exceeding the market value, plus investments, improvements, and taxes inherent to the acquisition. The Transfer Tax and Documented Legal Acts Tax settled by the deed of notoriety to regularize the property is considered an inherent tax. The acquisition date is the date of the original donation.

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