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The inquirer asks when tax is due for the sale of a property involving deferred payment and a subsequent deed. The DGT rules that capital gains or losses are determined when the civil transfer occurs, which requires both the contract and the delivery of the asset.
Cuestión planteada Tributación en el IRPF.
La transmisión de la propiedad no se opera por el mero contrato, sino que requiere la conjunción de título (contrato) y modo (tradición o entrega). La ganancia o pérdida patrimonial debe imputarse al periodo impositivo en que se produzca dicha transmisión civil. El valor de transmisión será el importe real efectivamente satisfecho, siempre que no sea inferior al valor normal de mercado.
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