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V2106-20 24 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition value must distinguish between inherited portion and portion acquired through excess in division

A taxpayer inquired how to calculate the acquisition value of properties sold following an inheritance where they received assets exceeding their share. The DGT ruled that the portion received via inheritance must be separated from the portion acquired for consideration due to the excess.

The question raised

Calculation of the acquisition value of the sold real estate properties and determination of the portion of the Inheritance and Gift Taxes that may be included in said acquisition value.

The DGT's ruling

The acquisition value of the inherited portion shall be that determined by the rules of the Inheritance and Gift Tax. The portion acquired in excess (onerous adjudication) shall have as its acquisition value the amount paid to the other heirs. To apportion the inheritance tax among the assets, the effective average tax rate shall be applied to the proportional taxable base of each asset. The transfer value shall be the actual sale amount, provided it is not lower than the market value.

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