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V0348-24 12 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de la actividad económica

Capital gains from business sales are taxed based on ownership of income and assets

A married couple under the community property regime asks who is liable for tax on the gains from the transfer of a joint business. The DGT distinguishes between income from business activities and capital gains from the sale of fixed assets.

The question raised

Who should be attributed the capital gain obtained from the transfer of the aforementioned business for Personal Income Tax purposes.

The DGT's ruling

Income from economic activity is attributed to the person who habitually, personally, and directly organizes the means of production. Capital gains or losses from the sale of fixed assets are attributed to the legal owner of each asset, divided equally if ownership is joint. Common elements are considered used for the activity even if one of the spouses does not carry it out.

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