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V0266-19 12 February 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · comunidad de bienes

Formation of a joint ownership community over a pharmacy involves the transfer of assets

A query was raised regarding the Personal Income Tax (IRPF) implications of creating a joint ownership community to operate a pharmacy. The Directorate General for Taxes (DGT) explains that, as pharmacy ownership is personal and non-transferable to non-pharmacists, the creation of the community constitutes a transfer of business assets from the mother to her children.

The question raised

Question posed: A consultation is made regarding the effects on Personal Income Tax of the formation of a community of property for the operation of the pharmacy or the integration into a community that carries out said operation.

The DGT's ruling

The transfer of inventory generates income from economic activity, whether through sale or donation (using market value). Regarding fixed assets, a capital gain or loss is generated by the difference between the transfer value and the book value. If goodwill is transferred for consideration, the capital gain shall be the difference between the sale price and the market value of the individual assets. These gains from fixed assets are included in the savings tax base.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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