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V0591-20 16 March 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimiento de la actividad económica

Taxation of pharmacy sale as business income or capital gain depending on assets

A query was made regarding the tax treatment of selling a pharmacy acquired through a succession agreement. The DGT clarifies that taxation depends on whether the transferred assets are stock or fixed assets.

The question raised

Tax treatment of said operation in the Personal Income Tax.

The DGT's ruling

The sale of inventory generates income from economic activity which is included in the general tax base. The transfer of fixed assets (tangible or intangible) generates a capital gain or loss which is included in the savings tax base. For fixed assets, the acquisition value shall be the book value, after deducting tax-deductible depreciation.

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