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V2547-18 18 September 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from the sale of an inherited property must be calculated using Inheritance Tax values

The taxpayer asks how to calculate the capital gain after selling a property acquired through inheritance at two different times. The DGT responds that the acquisition value shall be that resulting from the application of Inheritance and Gift Tax rules, without exceeding the market value.

The question raised

Calculation of the capital gain obtained in the transfer of the aforementioned property.

The DGT's ruling

The acquisition value of the property, having been obtained for consideration, is constituted by the value resulting from the Inheritance and Gift Tax rules, plus investments, improvements, and inherent expenses. The acquisition date is the date of the decedent's death. The extinction of the usufruct due to the death of the usufructuary does not constitute a new acquisition, but rather the recovery of the rights of enjoyment by the owner. The resulting gain shall be included in the savings tax base.

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