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V0641-25 8 April 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · patrimonio neto

Income from sale of a spouse's private property not included in net wealth tax

A taxpayer asks whether income from the sale of a property bought before marriage by their spouse should be declared in their Wealth Tax. The DGT responds that the money is the spouse's private asset and does not form part of the taxpayer's net wealth.

The question raised

Whether the taxpayer must include in their Wealth Tax return any amount resulting from the capital gain obtained by their spouse.

The DGT's ruling

In Wealth Tax, the ownership of assets is governed by the applicable rules of legal ownership, including the matrimonial property regime. According to the Civil Code, assets acquired in substitution for separate property retain their character as separate property. Therefore, the money obtained from the sale of a separate residence belongs solely to the spouse who sold it and does not form part of the taxable base of the other spouse.

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