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V2474-20 21 July 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for primary residence for those over 65 may apply to their share of ownership

The inquirer asks how to calculate capital gains or losses when selling an inherited property previously owned by their mother. The DGT clarifies how to determine acquisition and transfer values, and confirms that the exemption for individuals over 65 applies to their specific share of ownership.

The question raised

For the purposes of calculating the capital gain or loss generated in the sale of a residence, the determination of the acquisition value.

The DGT's ruling

The acquisition value by inheritance shall be the result of applying the Inheritance and Gift Tax rules, not exceeding the market value. For the portion acquired through sale and purchase, it shall be the actual amount plus expenses, investments, and taxes. The exemption for the transfer of a primary residence for persons over 65 years of age applies to the portion corresponding to the taxpayer's ownership percentage.

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