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The consultant asks how to calculate the acquisition value of an inherited property to determine capital gain or loss for income tax. The DGT responds that the acquisition value should be the amount resulting from the Succession and Donations Tax plus all related costs and expenses.
Question posed: Request to determine the acquisition value of the dwelling for the purpose of determining the possible capital gain or loss in the Personal Income Tax.
As it is an acquisition for gratuitous consideration, the acquisition value is composed of the value assigned to the asset according to the rules of the Inheritance and Gift Tax (not exceeding the market value) plus the proportional part of the Inheritance and Gift Tax paid. To this are added the expenses and taxes inherent to the acquisition, such as notary, registry, management, advisor, or municipal capital gains tax. The taxpayer must be able to justify these expenses through means of proof admitted in Law.
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