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The taxpayer asks when to declare the sale of an inherited estate if a private contract is signed in January but the public deed is signed in November. The DGT rules that the gain must be recognised in the period in which the delivery of the sold item occurs.
Cuestión planteada Tributación en IRPF de la operación.
La ganancia o pérdida patrimonial se imputa en el periodo impositivo en que tiene lugar la alteración patrimonial, es decir, en el momento de la entrega de los bienes. Para inmuebles, el otorgamiento de escritura pública equivale a la entrega, salvo que se acredite la entrega en un momento anterior mediante medios de prueba admitidos. En ausencia de prueba de entrega previa, se tomará la fecha de la escritura pública.
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