Heirs may include notary and registry fees in the acquisition value

The calculation of capital gains or losses in the transfer of real estate is a critical aspect for taxpayers who have received assets through succession. An error in determining the acquisition value can lead to an excessive payment of Personal Income Tax (IRPF) at the time of sale.

What the DGT has resolved

The Directorate General of Taxes (DGT) has clarified that the acquisition value of an asset obtained through a gratuitous title is governed by the rules of Inheritance and Gift Tax. In this context, the administration confirms that it is possible to integrate into said value all expenses and taxes inherent to the acquisition, with the sole exception of interest.

Specifically, the criteria establish that taxpayers can add the following concepts to the value of the property:

• Notary fees: Including costs for deeds of declaration of heirs and the deed of acceptance of the inheritance.
• Land Registry fees: Relating to the registration of the acquisition of the asset.

What it means for you

For individuals who have received a property through inheritance, this resolution allows for an increase in the acquisition value of the asset. By raising this value, the difference between the sale price and the acquisition value is reduced, which decreases the taxable base of the capital gain subject to taxation in the IRPF.

It is fundamental to understand that these expenses are not considered maintenance expenses, but rather costs directly linked to the process of transfer and formalization of ownership following the death of the deceased.

What you should do

To apply this criterion correctly, it is necessary to keep all documentation proving the disbursements made. You must maintain the notary invoices and the land registry certificates or proofs of payment that detail the concepts paid. The correct integration of these costs requires an analysis of the Inheritance and Gift Tax regulations applied to the specific case to ensure that the acquisition value is the one that legally corresponds.