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V1588-24 1 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Agency fees may be included in the acquisition value of property acquired by way of gift or inheritance

A taxpayer has inquired whether agency fees paid when acquiring a property by way of gift or inheritance can be added to the acquisition value. The Directorate General for Taxes (DGT) has ruled that they can, provided the valuation rules applicable to gratuitous acquisitions are met.

The question raised

Whether said management expenses can be considered part of the higher acquisition value.

The DGT's ruling

To determine the capital gain or loss, the acquisition value is composed of the actual acquisition amount plus the expenses and taxes inherent to it. In acquisitions by way of gratuitous transfer, the amount resulting from the Inheritance and Gift Tax regulations is applied (not exceeding the market value) and the inherent expenses, such as notary, Land Registry, management, or advisory fees, are added. These expenses must be duly justifiable before the Administration.

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