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V1730-15 2 June 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · obligación de declarar

No obligation to file an income tax return if the sale of an inherited property does not generate a capital gain or loss

A taxpayer asks whether they must file an income tax return after receiving a pension, bank interest, and selling an inherited property for the same value as its acquisition. The DGT responds that there is no obligation to file because the income limits are not exceeded and the transfer of the property does not generate a change in net worth.

The question raised

Given the aforementioned data, it is asked whether there is an obligation to file the 2014 Personal Income Tax return.

The DGT's ruling

There is no obligation to file if income from employment and movable capital does not exceed the limits set forth in Article 96.2 of the Personal Income Tax Law. In the case of a property transfer, if the acquisition value and the transfer value are identical, no capital gain or loss occurs. As there is no change in net worth, the taxpayer remains within the scope of exemption from the obligation to file.

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