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V2536-20 24 July 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Two distinct values and acquisition dates must be used to calculate capital gains on a property

A taxpayer has inquired about how to calculate the acquisition value of a property held in two different proportions: one acquired through purchase with a spouse and another through inheritance. The DGT ruled that different rules must be applied to each part of the ownership.

The question raised

Acquisition value of the dwelling intended to be transferred for the purpose of calculating the capital gain in the Personal Income Tax.

The DGT's ruling

To calculate the capital gain or loss, a distinction must be made between the acquisition value of the percentage purchased for consideration and the value of the percentage received through inheritance. The percentage acquired by purchase is determined according to the actual acquisition amount plus expenses and investments. The inherited percentage is determined according to the rules of the Inheritance and Gift Tax, without exceeding the market value. The property will have two different acquisition dates for the taxpayer.

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