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V0603-22 22 March 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Capital gains from property sales are taxed upon delivery of assets or execution of the public deed

A query was raised regarding when capital gains from the sale of a property via a private document without a public deed should be taxed. The DGT ruled that the gain must be reported in the period when the assets are delivered or, failing that, when the public deed is executed.

The question raised

The question is raised again, as well as requesting a response regarding the manner of complying with the formalities associated with such an operation before the Tax Administration.

The DGT's ruling

The capital gain or loss must be attributed to the tax period in which the change in assets occurs, coinciding with the delivery of the goods. If the delivery at an earlier time is not proven through admissible means of evidence, the date of the execution of the public deed shall be taken. Delivery may be proven by the transfer of possession, the delivery of keys or titles, or the deed itself.

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