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V3431-19 13 December 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The acquisition value of an inherited property is determined by the rules of the Inheritance and Gift Tax

A taxpayer asks what the acquisition value of an inherited property is for the purpose of calculating capital gains in a future sale. The DGT indicates that, as it is an acquisition for gratuitous consideration, the rules of the Inheritance and Gift Tax must be applied.

The question raised

In view of the future sale of the property, it is consulted what its acquisition value would be for the purposes of Personal Income Tax.

The DGT's ruling

The transfer of the portion of the inherited property generates a capital gain or loss pursuant to Article 33.1 of the LIRPF. The acquisition value, being a transfer for gratuitous consideration, shall be that resulting from the application of the rules of the Inheritance and Gift Tax, without exceeding the market value, in accordance with Article 36 of the LIRPF.

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