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V1450-21 ·18 May 2021 ·consulta-vinculante Medium impact
Tax

Capital gains or losses from property sales are recognised at the time of delivery

A taxpayer inquired which tax year should be used to declare the sale of a commercial premises where the deed was signed in 2020, but a suspensive condition was only met in 2021. The DGT ruled that the tax imputation depends on the moment the asset is delivered.

In 6 key points

How it affects those involved

This ruling clarifies the timing for tax purposes in property transactions involving conditional clauses, ensuring that the tax liability aligns with the actual transfer of the asset rather than the signing of the deed.

Lifecycle

2021-05-18PublishedPublished 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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