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V1881-18 26 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Acquisition value of inherited shares determined by Inheritance Tax rules

A query was raised regarding the acquisition value of company shares following a succession mortis causa. The DGT ruled that this value is determined by applying Inheritance and Gift Tax regulations, provided it does not exceed market value.

The question raised

In the event of a future mortis causa succession of said shares, the question arises as to what the acquisition value of the same would be in the event that they were transferred once inherited.

The DGT's ruling

For transfers for consideration, the acquisition value of the shares shall consist of the value resulting from applying the rules of the Inheritance and Gift Tax, provided that this does not exceed the market value. To this amount shall be added investments, improvements, and expenses or taxes inherent to the acquisition, excluding interest. Any potential reductions applicable to the Inheritance and Gift Tax shall not be taken into account.

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