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A property owner asks when to declare a capital gain from the expropriation of her home, including a payment in kind. The DGT responds that the transfer occurs when the property is occupied by the expropriating authority.
Cuestión planteada Imputación temporal de la ganancia patrimonial correspondiente.
La alteración patrimonial por expropiación se considera producida cuando se procede a la ocupación del bien expropiado. En términos generales, esto ocurre una vez fijado y pagado el justiprecio. En el caso consultado, al no haberse levantado aún el acta de ocupación ni pagado el justiprecio, no se ha producido la transmisión ni procede computar la ganancia o pérdida patrimonial.
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