How the DGT's position has evolved
Current position
In gratuitous transfers, the acquisition value is that resulting from the application of the Inheritance and Gift Tax rules, without exceeding the market value, plus inherent expenses and taxes. The transfer value is the actual amount of the disposal, provided it is not lower than the market value. Capital losses derived from gratuitous transfers through inter vivos acts or liberalities are not computable to offset other gains.
The DGT's position remains constant in determining the acquisition and transfer value through the application of the Inheritance and Gift Tax rules. It is repeatedly confirmed that losses from gratuitous transfers are not compensable according to article 33.5 of the LIRPF (Personal Income Tax Law). No doctrinal changes are observed, but rather a consolidation of the current regulations.
Analysis based on 48 of 50 rulings with a stated position. Updated 15 September 2026.