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V0635-22 24 March 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from property and shares taxed unless exempted by age or dependency

A couple over 65 asks whether capital gains from selling property and listed shares must be declared. The DGT states that such gains are taxable, except where exemption criteria for primary residence or reinvestment into a life annuity are met.

The question raised

Whether they are required to declare said capital gains.

The DGT's ruling

The transfer of real estate and shares generates capital gains or losses that form part of the savings tax base. Gains from the primary residence are exempt if the transferor is over 65 years of age or a dependent person. Likewise, gains from other assets may be excluded if they are used to establish an insured life annuity within six months, subject to a limit of 240,000 euros. The obligation to declare arises if non-exempt gains exceed the joint limit of 1,000 euros per year together with other income.

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