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V1874-25 ·14 October 2025 ·consulta-vinculante Low impact
Tax

Ownership of capital gains determined by legal title and evidence provided

A taxpayer asks whether the sale of a UK property should be taxed on the full gain or whether only 1/8 can be attributed to them and the rest to siblings based on a 'declaration of trust'. The DGT responds that the allocation of gains depends on legal ownership rules and that the Administration must assess the evidence provided to determine the actual owner.

In 6 key points

Lifecycle

2025-10-14PublishedPublished 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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