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V2876-20 23 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Acquisition value of premises includes construction costs if they can be proven

A query was raised regarding which acquisition value should be used to calculate capital gains or losses for Personal Income Tax (IRPF) on premises where construction invoices have not been kept. The Directorate General for Tax (DGT) indicates that the value includes the proportional cost of the works, provided they can be substantiated.

The question raised

For the purposes of calculating a capital gain or loss in Personal Income Tax (IRPF), what is the acquisition value of a premises built in a residential building for which the construction invoices are not preserved.

The DGT's ruling

The acquisition value of the premises is composed of the proportional part of the actual amount of the land acquisition, the cost of the construction works, and the expenses and taxes inherent to the acquisition and declaration of new construction. In cases of self-promotion, the cost of the works must be substantiated by the interested party through means of proof admitted in law.

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