Skip to content
Back to index
V0470-23 1 March 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · sociedad de gananciales

Allocation of assets exceeding ownership share in dissolution of community property generates capital gain or loss

A taxpayer asks whether the dissolution of a community property regime through divorce, where one spouse receives all assets and compensates the other in cash, has tax implications. The DGT responds that the division of assets does not alter the net wealth if the ownership share is respected; however, if assets are allocated at a value exceeding said share, a capital gain or loss is triggered.

The question raised

Taxation of the extinction of the community property regime in the Personal Income Tax.

The DGT's ruling

The dissolution of the community property regime does not constitute an alteration in the composition of the assets if the allocation corresponds to the ownership share of each spouse. However, if assets are allocated at a value higher than that corresponding to their share, an alteration of assets occurs, generating a capital gain or loss. This result is determined by the difference between the acquisition and transfer values, regardless of whether there is cash compensation or whether the dissolution is total or partial.

Book your free first meeting