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V1708-24 11 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The transfer value of inherited property shall be the actual amount, provided it is not lower than the market value

A taxpayer has enquired about how to calculate capital gains or losses when selling a portion of a property received through inheritance. The DGT clarifies that the acquisition value is determined by Inheritance and Gift Tax regulations, while the transfer value is the actual amount received, provided it is not less than the market value.

The question raised

Request to determine the acquisition and transfer value of the house for the purpose of calculating any capital gain or loss that may arise in the Personal Income Tax.

The DGT's ruling

The acquisition value of an inherited asset is composed of the value assigned to it according to the Inheritance and Gift Tax regulations (not exceeding the market value), plus the proportional part of the tax liability and the expenses and investments inherent to the acquisition. The transfer value is the actual amount of the disposal, provided it is not lower than the market value, deducting the expenses and taxes inherent to the transfer paid by the transferor.

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