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V1581-20 ·26 May 2020 ·consulta-vinculante Medium impact
Tax

Termination of co-ownership via financial compensation triggers taxable capital gains

A query was raised regarding whether awarding a property to a co-owner through cash compensation generates a capital gain for the other co-owner, and how this should be temporally imputed if payment is deferred and the taxpayer subsequently dies. The DGT ruled that a change in assets does occur and that, in the event of death, income pending imputation due to deferred payments must be included in the final tax period.

In 6 key points

How it affects those involved

This ruling clarifies the tax implications of property settlements between co-owners, specifically confirming that cash compensation is treated as a taxable event and defining the rules for tax imputation in cases of deferred payment and death.

Lifecycle

2020-05-26PublishedPublished 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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