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V2643-23 29 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition value of inherited foreign property determined by Inheritance and Gifts Tax rules

The consultant asks how to calculate the acquisition value of a foreign property inherited to determine capital gain or loss. The DGT responds that, as it is a profitable acquisition, the value resulting from Inheritance and Gifts Tax rules applies.

The question raised

Acquisition value of the real estate for the purposes of calculating the capital gain or loss in the Personal Income Tax.

The DGT's ruling

For real estate acquired through inheritance, the acquisition value is that resulting from the application of the Inheritance and Gift Tax regulations, not exceeding the market value. To this amount, the expenses and taxes inherent to the acquisition, excluding interest, which have been paid by the acquirer, must be added.

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