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A Spanish resident who bought concert tickets for London and cannot attend sells them via an American platform, realizing a capital gain. The DGT classifies the operation as a capital gain under Article 33 of the IRPF Law, as it occurs in a private capacity and not as part of an economic activity. The gain is calculated as the difference between the transmission value and the acquisition value (plus related costs) and is incorporated into the savings tax base. Under the OECD Model Convention (Article 13.5), Spain has exclusive taxing rights as the resident state of the taxpayer.
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