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V0774-20 ·7 April 2020 ·consulta-vinculante Medium impact
Tax

Transfer of real estate ownership for Income Tax requires both title and mode

The inquirer asks when tax is due for the sale of a property involving deferred payment and a subsequent deed. The DGT rules that capital gains or losses are determined when the civil transfer occurs, which requires both the contract and the delivery of the asset.

In 6 key points

How it affects those involved

This ruling clarifies the exact moment of tax liability for property transactions, emphasizing that the legal transfer is only complete when both the contractual title and the physical delivery (mode) have been fulfilled.

Lifecycle

2020-04-07PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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