Deduction of real estate fees from capital gains on property sales

When selling a property, correctly determining the capital gain or loss is fundamental for the calculation of Personal Income Tax (IRPF). One of the recurring doubts arises when dealing with real estate brokerage costs in the tax base.

What the DGT has resolved

The Dirección General de Tributos (DGT) has clarified that the transfer value of a property is the actual amount effectively paid, provided that this is not lower than the market value. From this amount, the expenses and taxes inherent to the transfer that have been paid by the transferor must be deducted.

In this sense, the criteria establish that real estate agency fees for managing the sale are considered expenses inherent to the transfer. Therefore, these amounts can be used to reduce the price obtained in the sale for the purpose of determining the capital gain or loss, which is ultimately integrated into the savings tax base.

What it means for you

If you are an individual selling a property, this criterion allows you to reduce the base upon which the tax is calculated. By subtracting the real estate agency fees from the sale price, the resulting capital gain will be lower, which directly impacts the amount of IRPF to be paid.

It is important to remember that this benefit applies as long as the transferor is the one who has paid said fees and the value of the transaction is not lower than the market value.

What you should do

To ensure the correct application of this criterion, it is necessary to:

• Keep all documentation proving the payment of the real estate agency fees.
• Verify that the value of the sale transaction matches the market value to avoid discrepancies with the Administration.
• Assess each particular situation, as the correct integration of these expenses requires a detailed analysis of the transfer documentation.