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V1772-22 27 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Renouncing an inheritance in favour of a specific person may trigger capital gains or losses for Income Tax purposes

A taxpayer inquired whether renouncing the inheritance of their father and grandparents in favour of their brother triggers capital gains or losses for Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) ruled that, because the renunciation is made in favour of a specific person, it is deemed to follow a prior acceptance. Consequently, the renunciation is treated as a donation, necessitating the calculation of any capital gain or loss.

The question raised

Whether the renunciation entails capital gains and losses in the taxpayer's Personal Income Tax (IRPF), the method for its calculation, and what the acquisition and transfer dates and values would be for the purposes of said calculation.

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