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V0610-21 16 March 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The housing accessibility grant is taxed as a capital gain in the year of receipt

A query is made as to whether a housing accessibility grant for a person with a severe dependency can be temporally allocated across several tax years. The DGT responds that it must be taxed in full in the tax year in which the funds are received.

The question raised

Question posed: Whether said grant can be temporally allocated across several tax years for Personal Income Tax purposes, considering it has been granted for the accessibility of a person with a severe dependency.

The DGT's ruling

The grant constitutes a capital gain by altering the composition of the assets without being exempt. Said gain must be allocated to the tax period in which its receipt occurs, as it does not fall under the cases for allocation by quarters provided for in the LIRPF. The gain is attributed to the beneficiary named in the award resolution.

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