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A taxpayer inquires about the attribution of the gain from the sale of a taxi license and the application of reductions. The DGT determines that the gain must be divided between the owning spouses and that the reduction for the transfer of intangible assets is not applicable.
Question raised 1st Individualization of the capital gain obtained from the sale of the license.
The transfer of a taxi license is a capital gain or loss from the transfer of an intangible asset used in an economic activity. The income corresponds to the owners of the transferred asset; therefore, if ownership belongs to both spouses, the gain must be declared in equal parts. The reduction for the transfer of intangible fixed assets is not applicable if the cause is not permanent disability, retirement, cessation due to restructuring, or transfer to relatives up to the second degree.
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