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V2416-19 ·13 September 2019 ·consulta-vinculante Medium impact
Tax

Transfer of property for Income Tax purposes requires both title and delivery of the asset

The taxpayer asks when they must pay tax on the sale of a property after signing a private deposit agreement (arras) and deferring the remaining payment. The DGT rules that capital gains or losses are recognised in the period when the civil transfer occurs, which requires both the contract and the physical delivery of the property.

In 6 key points

How it affects those involved

This ruling clarifies the specific moment of tax liability for property sales involving staged payments, emphasizing that a contract alone is insufficient for tax purposes without the actual transfer of possession.

Lifecycle

2019-09-13PublishedPublished 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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