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A taxpayer wishes for their spouse to become the sole owner of a property acquired before marriage by paying compensation. The Directorate General for Taxes (DGT) has ruled that the portion of the property belonging privately to the taxpayer, which is transferred in excess of the community property share, generates a capital gain or loss for Income Tax (IRPF) purposes.
Cuestión planteada Tributación de la operación planteada
La adjudicación de la vivienda a la cónyuge motiva dos transmisiones: una por la cuota privativa del consultante y otra por la disolución de la sociedad de gananciales. La transmisión de la cuota privativa constituye una alteración en la composición del patrimonio susceptible de generar ganancia o pérdida patrimonial. Si la cónyuge recibe una participación mayor a la que le corresponde por la liquidación de gananciales, se produce una transmisión onerosa del consultante que debe tributar en el IRPF.
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