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V1681-24 10 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Notary and registry fees included in acquisition value for capital gains calculation

A taxpayer inquired whether notary and land registry fees can be added to the acquisition value of an inherited property. The DGT ruled that these expenses, along with Inheritance Tax, constitute part of the acquisition value.

The question raised

Whether notary and property registry expenses constitute an increase in the acquisition value for the purpose of calculating capital gains.

The DGT's ruling

The acquisition value of an asset acquired for gratuitous consideration is composed of the value assigned according to the Inheritance and Gift Tax regulations, plus the proportional part of the tax paid and the expenses and taxes inherent to the acquisition. Among the inherent expenses are those related to the notary, the property registry, management services, advisory services, and the Tax on the Increase in Value of Urban Land. These expenses must be proportional to the ownership share of each owner and must be duly justified.

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