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V3144-17 4 December 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The transfer value of a property is the actual amount paid, provided it is not lower than the market value

A taxpayer inquired whether they could declare the sale of a property for an amount lower than its cadastral or reference value. The DGT ruled that the transfer value is the actual amount of the disposal, provided it is not less than the market value.

The question raised

Transfer value for the purposes of calculating capital gains or losses.

The DGT's ruling

The transfer value in onerous transfers is the actual amount for which the disposal is carried out, deducting the inherent expenses and taxes paid by the transferor. The actual amount shall be the amount effectively paid, provided that it is not lower than the normal market value, in which case the latter shall prevail. Market value is the price agreed upon between independent parties at the time of the transfer.

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