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V0741-21 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 allow for the updating of asset values nor does it generate capital gains

A married couple under the community property regime wishes to know how to calculate the acquisition value of a dwelling following the death of one spouse and the subsequent extinction of the regime. The DGT clarifies that the dissolution of community property does not alter the composition of the estate and that assets maintain their original value and acquisition date.

The question raised

Requests to know the acquisition value of the asset for the transferors for the purposes of Personal Income Tax.

The DGT's ruling

The dissolution of the community property regime does not constitute an alteration in the composition of the estate, and therefore does not generate capital gains or losses provided that the adjudication corresponds to the respective ownership share. Assets retain their original values and acquisition dates, without the possibility of updating. In the case of inheritance, the acquisition value shall be that resulting from the application of the rules of the Inheritance and Gift Tax, without exceeding the market value.

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