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V0774-24 17 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · sociedad de gananciales

Dissolution of community property regime does not trigger capital gains or losses if the corresponding share is allocated

A taxpayer inquired about the tax implications of switching from a community property regime to a separation of assets regime to allow their spouse to become a co-owner in an economic activity. The Directorate General of Taxes (DGT) clarifies that the dissolution of the community property regime does not constitute a change in assets if the allocation respects each spouse's respective share.

The question raised

Effects of said operation on the Personal Income Tax (IRPF) of the spouses.

The DGT's ruling

The dissolution of the community property regime and the adjudication of the share to each spouse does not constitute an alteration in the composition of the assets that results in capital gains or losses, provided that the adjudication corresponds to the ownership interest. In this case, the assets retain their original value and acquisition date. A gain or loss would only be generated if assets are adjudicated at a value exceeding the ownership interest of a spouse.

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