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V2225-24 15 October 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Acquisition value must be distinguished based on the portion of property sold: inheritance share or share acquired from co-owners

A taxpayer has requested guidance on calculating the acquisition value of an apartment that was part of an inheritance and subsequently contributed to a community of property (sociedad de gananciales). The Directorate General of Taxes (DGT) ruled that, when selling half of their ownership, the taxpayer must differentiate between the value of their original inheritance share and the value of the portion acquired from the other co-owners.

The question raised

Determination of the acquisition value for the calculation of the capital gain or loss obtained by the taxpayer in the sale of the apartment.

The DGT's ruling

Regarding the portion corresponding to their hereditary share (8.33%), the acquisition value is that declared in the Inheritance Tax, subject to the market value limit. For the remaining 91.67% acquired from the co-owners, the acquisition value is the actual amount paid (or the value verified by the Administration for Transfer Tax and Stamp Duty), plus expenses, investments, and taxes, reduced by the corresponding depreciation. The acquisition date for this latter portion is the date of the dissolution of the community.

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