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V2760-20 10 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Market value applies to inherited property where inheritance tax has not been settled

A taxpayer inquired how to determine the acquisition value of a property received through inheritance to calculate capital gains, given that the inheritance tax settlement was not filed. The DGT ruled that, in the absence of a tax declaration, the value shall be the market value as of the date of death.

The question raised

For the purposes of calculating capital gains, the determination of the acquisition value of the property.

The DGT's ruling

In transfers for consideration, the acquisition value is that resulting from the application of the Inheritance and Gift Tax rules, not exceeding the market value. If the inheritance tax return has not been filed, the actual value shall be the market value of the property on the date of death. To this value, the expenses and taxes inherent to the acquisition paid by the acquirer must be added.

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