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V3365-20 16 November 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition values for inherited and purchased shares must be distinguished to calculate capital gains

A taxpayer has inquired about how to calculate the acquisition value of a property consisting of a portion acquired through inheritance and another portion purchased from a co-heir. The Directorate General of Taxes (DGT) ruled that distinct rules must be applied to each portion, depending on whether the acquisition was onerous or gratuitous.

The question raised

Requests to know the transfer and acquisition value of the asset.

The DGT's ruling

The real estate property will have two acquisition dates and two distinct values. For the inherited portion (gratuitous), the acquisition value is that resulting from the Inheritance and Gift Tax regulations, plus the tax amount and inherent expenses. For the purchased portion (onerous), the value shall be the actual acquisition amount plus the expenses and investments made. The transfer value shall be the actual sale amount, provided it is not lower than the market value.

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