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V0303-21 19 February 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains or losses from property sales are attributed to the legal owner

A married couple consulted on how to tax the sale of a property acquired with a mortgage. The DGT ruled that any capital gain or loss must be attributed to the person who holds legal title to the asset.

The question raised

Taxation for the purposes of Personal Income Tax.

The DGT's ruling

The capital gain or loss is determined by the difference between the acquisition value and the transfer value. According to the rules of individualization, these gains and losses are considered to be obtained by the taxpayers who are the owners of the assets from which they arise. Therefore, the transfer of the real estate is attributed to the person who holds its ownership.

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