Taxation of the sale of plots segregated from an inherited estate

The sale of a plot resulting from the segregation of an inherited estate raises doubts about how to determine the acquisition value for tax calculation purposes. The Directorate General of Taxes (DGT) has issued a ruling that defines the nature of this operation and the correct way to integrate the result into the IRPF.

What the DGT has ruled

The tax authority establishes that the segregation of an estate does not constitute a change in assets. This implies that the plots resulting from said division maintain the same value and the same acquisition date as the original parent estate. As it is an acquisition by way of gratuitous transfer, the acquisition value of the plots must be calculated as follows:

• The value determined according to the rules of the Inheritance and Gift Tax (ISD), without exceeding the market value.
• The proportional part of the inheritance tax paid.
• The expenses and investments inherent to the acquisition of the parent estate.

The result of the operation, whether a capital gain or a capital loss, must be integrated into the taxpayer's savings tax base.

What it means for you

If you are an individual who has received an estate through inheritance and decides to segregate a part to sell it, you cannot assign a new or arbitrary acquisition value to the segregated plot. You must respect the traceability of the values of the original estate. This is relevant because an error in determining the acquisition value could lead to an incorrect settlement of the IRPF, directly affecting the amount of the declared capital gain or loss.

What you should do

It is necessary to perform a precise calculation that links the sold plot with the data from the original inheritance. The value declared in the Inheritance and Gift Tax must be verified, and it must be ensured that proportional expenses and taxes are correctly included. Since every inheritance and segregation situation presents technical particularities, it is fundamental to assess each case individually to ensure compliance with current regulations.