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V0866-22 21 April 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from property sales are attributed to the year possession is delivered

A query was raised regarding which tax year should be used to declare a gain or loss from the sale of a flat when a private contract is signed in one year and the public deed is executed in another. The DGT ruled that the transfer occurs when the property is placed in the power and possession of the buyer.

The question raised

It is requested to determine to which tax period the capital gain or loss derived from the transfer of the real estate property must be attributed for Personal Income Tax purposes.

The DGT's ruling

The capital gain or loss is attributed to the tax period in which the change in assets occurs. The date of transfer is determined by the delivery of the item sold, which may be the transfer of possession, the handing over of keys, or the execution of a public deed. If the transfer of possession occurs via a private contract prior to the deed, the gain must be attributed to the fiscal year in which said delivery took place.

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