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V2250-24 21 October 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Inheritance and sale costs may be included when calculating capital gains on property

A taxpayer has enquired about how to calculate the acquisition and transfer values for a portion of a flat that was inherited and subsequently sold. The Directorate General for Taxes (DGT) clarifies that the acquisition value includes the inheritance values plus inherent costs, and that sale expenses may be deducted during the transfer.

The question raised

For the purposes of calculating the capital gain generated in the transfer, what would be the acquisition value and the transfer value of the real estate.

The DGT's ruling

The acquisition value of the inherited portion is the sum of the values determined by the Inheritance and Gift Tax regulations (not exceeding the market value) plus the expenses and taxes inherent to the acquisition. For the transfer value, the actual sale amount is used (provided it is not lower than the market value) deducting the expenses and taxes inherent to the disposal, such as the energy efficiency certificate, the certificate of habitability, or the IBI (Real Estate Tax).

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