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V3130-19 11 November 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Acquisition value for capital gains tax shall be the amount actually paid upon purchase

A taxpayer inquired which acquisition value should be used to calculate capital gains following the purchase of real estate where the deed did not match the actual price paid. The Directorate General for Taxes (DGT) ruled that the amount actually paid at the time of acquisition must be used.

The question raised

What would be the acquisition value for the purposes of calculating the capital gain in a future transfer of the real estate properties.

The DGT's ruling

The acquisition value is composed of the actual amount for which the acquisition was made, plus the cost of investments, improvements, expenses, and inherent taxes, excluding interest. The amount to be taken into account is the amount actually paid, which may be substantiated by the taxpayer through means of proof admitted under Law. The valuation of said amount is the responsibility of the management and inspection bodies of the Tax Administration.

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