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V5416-16 21 December 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Sale of rural property used for economic activity generates capital gain or loss for Income Tax purposes

A query was made regarding the taxation of the sale of an olive grove acquired through inheritance that is used for agricultural activity. The DGT ruled that the transaction generates a capital gain or loss derived from an asset used in an economic activity.

The question raised

Question posed: Taxation in the Personal Income Tax (IRPF) regarding the sale of the aforementioned rural estate.

The DGT's ruling

The capital gain or loss is determined by the difference between the transfer value and the acquisition value. As it is an asset used for an economic activity, the acquisition value shall be the book value, reduced by the tax-deductible depreciation. The result must be included in the transferor's savings tax base.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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