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V1951-24 17 September 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Acquisition value of a donated property when no Inheritance and Gift Tax was paid shall be its real market value

A resident in Spain received a donation of a property abroad while still a non-resident, and therefore did not pay Inheritance and Gift Tax. The inquiry asks how to determine the acquisition value of that property to calculate the capital gains tax for Personal Income Tax (IRPF) upon its sale.

The question raised

Question posed: Determination of the acquisition value of the property for Personal Income Tax purposes.

The DGT's ruling

As Inheritance and Gift Tax was not settled because the individual was not a resident and the asset is not located in Spain, the acquisition value for Personal Income Tax purposes shall be the real value of the property at the time of the donation. This value is understood as the price an independent buyer would pay under normal market conditions. The taxpayer must substantiate this value through valid means of evidence.

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