Skip to content
Back to index
V2424-21 20 September 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition value in lucrative transfers via succession agreements is the amount determined for Inheritance and Gift Tax

The inquirer asks which value should be used to calculate capital gains after receiving an apartment through a succession agreement of separation, and when the 2015 tax year's statute of limitations expired due to COVID-19. The DGT responds that the value from Inheritance and Gift Tax must be used and determines the expiration date for the 2015 tax year following the suspension of deadlines.

The question raised

Considering that the father acquired the apartment for €70,000, in the separation it is valued at €110,000 and is sold for €95,000 while he is living, it is asked which value must be taken into account for the purpose of determining the capital gain or loss produced by its sale. Additionally, it is asked "taking into account RD 463/2020, on which exact day did the 2015 tax year expire".

The DGT's ruling

To determine the capital gain or loss in lucrative transfers, such as a succession pact of separation, the real acquisition amount must be taken as that resulting from the application of the Inheritance and Gift Tax rules, without exceeding the market value. The new wording of Article 36 of the LIRPF, which allows subrogation in the value of the deceased, is not applicable if the transfer occurred prior to the entry into force of Law 11/2021. Regarding the statute of limitations for the 2015 IRPF, the period was suspended for 78 days due to the state of alarm, expiring on September 17, 2020.

Book your free first meeting