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V0738-21 29 March 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · sociedad de gananciales

The dissolution of community property does not generate capital gains if the ownership share is respected

A query is made as to whether the extinction of the community property regime and the subsequent sale of estates inherited by the children generates taxation. The DGT responds that the dissolution does not constitute an asset alteration if it is adjudicated according to each party's share, but the subsequent sale will generate gains or losses.

The question raised

Taxation under Personal Income Tax regarding the described operations.

The DGT's ruling

The dissolution of the community property regime does not constitute an alteration in the composition of the assets provided that the adjudication corresponds to the ownership share, maintaining the original values and acquisition dates. In the future sale of the inherited assets, the acquisition date shall be that of the decedent's death and the acquisition value shall be the one resulting from the Inheritance and Gift Tax regulations, plus expenses and investments. Maintenance expenses do not count as a capital loss nor are they included in the acquisition value.

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