Skip to content
Back to index
V2210-19 19 August 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · nuda propiedad

Acquisition value of bare ownership of inherited shares determined by Inheritance Tax rules

A query was raised regarding how to calculate the acquisition value of company shares held under bare ownership following an inheritance, in order to determine capital gains or losses during a company liquidation. The DGT ruled that the value resulting from Inheritance and Gift Tax regulations must be applied.

The question raised

Acquisition value of the shares of which she is the bare owner for the purposes of calculating the capital gain or loss in Personal Income Tax as a consequence of the dissolution and liquidation of the company.

The DGT's ruling

The capital gain or loss resulting from the dissolution of a company is the difference between the market value of the assets received and the acquisition value of the shareholding. Since the bare ownership was acquired through inheritance, its acquisition value shall be that resulting from the application of the Inheritance and Gift Tax regulations, not exceeding the market value. To this end, the value of the bare ownership must be calculated as the difference between the total value of the assets and the value of the usufruct according to the rules of said law.

Book your free first meeting