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V2613-23 27 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Acquisition value of property shall be the value verified by the Autonomous Community following an ITP review

A query was raised regarding which acquisition value should be used to calculate capital gains for Personal Income Tax (IRPF) purposes when an Autonomous Community reviews and increases the value declared in the Transfer Tax (ITP). The Directorate General for Tax (DGT) indicates that the verified value must be used.

The question raised

The acquisition value to be assigned to the real estate for Personal Income Tax purposes for the purpose of calculating the capital gain or loss obtained in its future sale.

The DGT's ruling

To calculate the capital gain or loss, the acquisition value is the actual amount for which the purchase was made. Notwithstanding, according to the jurisprudence of the Supreme Court, if the Autonomous Community performs a verification of values for the Transfer Tax (ITP) and establishes a higher one, that verified value must be taken as the actual acquisition amount.

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