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V0248-20 4 February 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valores homogéneos

Ownership of shares determines the attribution of gains or losses, regardless of bank registration

A married couple under the community property regime holds shares both individually and jointly. A query was raised as to whether these shares constitute homogeneous securities and to whom the results of their disposal should be attributed.

The question raised

Consideration of said shares as homogeneous assets and to whom the capital gain or loss derived from their transfer should be attributed.

The DGT's ruling

Shares subscribed by a taxpayer as sole owner are not considered homogeneous assets compared to those held under joint ownership. Capital gains or losses are attributed to the person who holds legal title to the assets, regardless of what is recorded in bank registries. Ownership of securities may be proven through means of evidence admitted under Law to determine whether they belong to one spouse or to both.

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