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V1803-18 21 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Application of the seniority reduction to the capital gains from estates inherited before 1995

The taxpayer inquires about the taxation of the sale of rural estates inherited in 1974. The DGT explains how to calculate the acquisition value by inheritance and the conditions for applying the reduction under the ninth transitional provision.

The question raised

Taxation of the sale and application of the ninth transitional provision of Law 35/2006

The DGT's ruling

The acquisition value of inherited assets is the result of applying the rules of the Inheritance and Gift Tax, without exceeding the market value on the date of death, plus the expenses and taxes of the acquisition. The acquisition date is the date of the decedent's death. For the reduction under the ninth transitional provision, the portion of the gain generated before January 20, 2006, is calculated according to the period of ownership in the estate.

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