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V1292-24 ·4 June 2024 ·consulta-vinculante Medium impact
Tax

Capital gains or losses from property sales are recognised in the period of the public deed or delivery

A query was raised regarding when capital gains or losses from a property sale must be declared when a private contract and the public deed occur in different years. The DGT ruled that the tax imputation occurs upon the delivery of the asset, which usually coincides with the public deed unless prior delivery can be proven.

In 6 key points

How it affects those involved

This ruling clarifies the timing for tax reporting on property transactions, specifically addressing discrepancies between private agreements and formal public deeds.

Lifecycle

2024-06-04PublishedPublished 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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