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V0869-20 15 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The transfer of real estate generates a capital gain or loss in the savings tax base

The taxpayer asks how to declare the transfer of the proportional share of a real estate property of which they were the owner. The DGT explains that the transaction generates a capital gain or loss that is integrated into the savings tax base.

The question raised

How such operation must be reflected in the Personal Income Tax return for the 2019 tax period.

The DGT's ruling

The transfer of real estate generates a capital gain or loss based on the difference between the acquisition and transfer values. For onerous transfers, the acquisition value includes the actual amount, investments, improvements, expenses, and inherent taxes, less depreciation. The transfer value is the actual amount of the disposal, deducting the expenses and taxes paid by the transferor. This gain or loss shall be integrated into the savings tax base.

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