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V3412-20 24 November 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition value of shares shall be the amount increased by Inheritance and Gift Tax

A query was raised regarding whether, upon the sale of shares, the acquisition value for Personal Income Tax (IRPF) should be the original value or the value increased by the Autonomous Community following the payment of Inheritance and Gift Tax. The Directorate General for Taxes (DGT) ruled that the increased value must be applied.

The question raised

In the event of the sale of said shares, whether the acquisition value for Personal Income Tax purposes would be the initial acquisition value or the acquisition value increased as a result of the actions of the Autonomous Community.

The DGT's ruling

The acquisition value of the sold shares shall be the acquisition value increased as a result of the actions taken by the Tax Administration of the competent Autonomous Community. For acquisitions by way of gratuitous transfer, the actual amount resulting from the application of the Inheritance and Gift Tax rules shall apply.

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