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V1601-22 1 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition and transfer values for Personal Income Tax are based on actual amounts, regardless of the ITPAJD reference value

A query was made regarding how to determine the acquisition and transfer values of a property to calculate capital gains or losses when the amounts are lower than the ITPAJD reference value. The Directorate General for Taxes (DGT) ruled that the actual amounts of the transaction must be used.

The question raised

Acquisition and transfer values of the dwelling for the purpose of calculating the capital gain or loss in the Personal Income Tax.

The DGT's ruling

The acquisition value is the sum of the actual purchase amount, the cost of investments, improvements, expenses, and inherent taxes. The transfer value is the actual sale amount, deducting the expenses and taxes paid by the transferor. The actual amount of disposal shall be the amount effectively paid, provided it is not lower than the market value.

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