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An individual enquired about the taxation of the sale of a credit arising from contracts they considered to be joint venture agreements. The DGT indicates that, as the return of the sum is guaranteed, the contract appears to be a loan and the sale of the credit constitutes a transfer of assets.
Cuestión planteada Tributación de la venta del crédito a la empresa de compraventa de créditos.
La transmisión de la titularidad de un derecho de crédito a un tercero por un precio inferior al adeudado supone una alteración en la composición del patrimonio. La ganancia o pérdida patrimonial se determina por la diferencia entre el valor de transmisión (importe real satisfecho) y el valor de adquisición (importe adeudado). Este resultado debe integrarse en la base imponible del ahorro.
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