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V0170-21 3 February 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Allocation of shares to a former spouse triggers capital gains or losses

A taxpayer sought guidance on the taxation of the allocation of shares in a limited company to her ex-husband following the liquidation of community property. The DGT ruled that, as the allocation does not correspond to the existing ownership share, it constitutes a change in assets subject to taxation.

The question raised

Question posed: How the capital gain obtained by the applicant must be taxed under Personal Income Tax.

The DGT's ruling

The allocation of assets to a co-owner at a value exceeding their ownership share constitutes an alteration in the composition of the estate that generates a capital gain or loss. The amount is determined by the difference between the acquisition and transfer values. For values not admitted to trading, the transfer value shall be the amount actually paid if it is proven to be at market value; otherwise, it shall be the higher of the net equity of the last financial year or the capitalization value of 20% of the results of the three previous financial years.

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