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A taxpayer inquired whether contributing their share of a separate property asset to a community property regime is subject to Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that, although the community property regime itself is not a taxpayer, the transaction alters the composition of the contributor's assets and generates a capital gain or loss regarding the portion that becomes the property of the other spouse.
The tax team reviews your specific situation.
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