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V1298-20 ·7 May 2020 ·consulta-vinculante Medium impact
Tax

Debt repayment to ex-husband cannot be deducted from property transfer value

A taxpayer inquired whether a €30,000 debt owed to her ex-husband could be deducted from the sale price of her property to reduce capital gains tax. The Directorate General for Taxes (DGT) ruled that this amount does not constitute an expense or tax inherent to the sale, and therefore the full capital gain must be taxed.

In 6 key points

How it affects those involved

Taxpayers cannot offset personal debts or settlements with former spouses from the transfer value of an asset when calculating capital gains tax.

Lifecycle

2020-05-07PublishedPublished 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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