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V0048-23 16 January 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The date of property acquisition is determined by delivery of the asset or the execution of the public deed

A taxpayer inquired which date should be used to calculate capital gains for a property allocated by a cooperative. The Directorate General for Tax Affairs (DGT) ruled that acquisition is determined by either the delivery of the asset or the execution of the public deed.

The question raised

Question raised: What is the date of acquisition of the dwelling for the purposes of calculating the capital gain or loss in the Personal Income Tax.

The DGT's ruling

The date of acquisition is determined pursuant to Article 1.462 of the Civil Code, understanding that the thing is delivered when it is placed in the power and possession of the buyer or through the execution of a public deed. Under Spanish law, ownership is acquired when the title is joined by the tradition or delivery of the real estate property. In the specific case, the date of acquisition is that of the execution of the public deed of adjudication.

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