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V3432-19 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 inquires about the acquisition value of an inherited property to calculate the capital gain 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 inquired 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. The amount of the gain or loss shall be the difference between the acquisition and transfer values.

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