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V1802-22 29 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The acquisition value of inherited property is determined by Inheritance Tax rules

A taxpayer inquired about calculating capital gains or losses from the sale of a property inherited in 2001. The DGT clarified that the acquisition value shall be the one determined by Inheritance and Gift Tax regulations, provided it does not exceed the market value.

The question raised

Question raised: Method of calculating capital gains or losses in the Personal Income Tax.

The DGT's ruling

For real estate acquired by way of a gratuitous transfer, the acquisition value is that resulting from the application of the Inheritance and Gift Tax rules, not exceeding the market value on the date of death. To this value, investments, improvements, and expenses inherent to the acquisition must be added. The date of acquisition is backdated to the moment of the deceased's death.

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