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V1648-25 15 September 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Application of transitional regime to capital gain from sale of inherited property acquired in 1968

The taxpayer asks how to tax the sale of a property acquired by inheritance in 1968. The DGT explains that the gain is calculated as the difference between acquisition and transmission values, and that a reduction may be applied under the transitional regime for assets acquired before 1995.

The question raised

Taxation of the sale of the dwelling in Personal Income Tax.

The DGT's ruling

The sale generates a capital gain or loss determined by the difference between the acquisition value and the transfer value. The acquisition value for inherited assets is the value of full ownership resulting from Inheritance and Gift Tax, plus expenses and investments. As it is an asset acquired before 1994, it is appropriate to apply the reduction of the ninth transitional provision of the Personal Income Tax Law according to the established transfer value limits.

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