Skip to content
Back to index
V0069-19 14 January 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Capital gains from the sale of shares are recognised in the period when the titles are delivered

A query was raised regarding which tax period should be used to declare gains from the sale of company shares conducted via private contract. The DGT ruled that the transfer occurs when the assets subject to the sale and purchase agreement are delivered.

The question raised

To which tax period should the capital gain obtained from the transfer of shares be attributed.

The DGT's ruling

The capital gain or loss must be attributed to the tax period in which the change in assets occurs, specifically at the time of the delivery of the goods. The transfer of shares is understood to have occurred in the period in which the delivery of the securities takes place. According to the theory of title and mode, a private contract does not transfer ownership if the delivery of the sold item is not proven.

Book your free first meeting