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V1512-23 2 June 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The transfer value for Personal Income Tax is the actual sale price, provided it is not below market value

A query was raised regarding which value should be used to calculate capital gains or losses when the cadastral reference value exceeds the sale price. The Directorate General for Taxes (DGT) ruled that the actual amount of the transfer must be used, provided it is not lower than the normal market value.

The question raised

Transfer value of the real estate for the purpose of calculating the capital gain or loss in the Personal Income Tax.

The DGT's ruling

The transfer value is the actual amount for which the disposal is carried out, deducting the expenses and taxes paid by the transferor. The actual amount effectively paid shall be taken as the real amount, provided it is not lower than the market value, in which case the latter shall prevail. This criterion applies regardless of the tax base determined for the Transfer Tax and Documented Legal Acts Tax.

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