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V0879-19 24 April 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cuentas en participación

Sale of a credit to a specialised company generates a capital gain or loss in the savings tax base

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.

The question raised

Taxation of the sale of the credit to a credit purchase company.

The DGT's ruling

The transfer of ownership of a credit right to a third party for a price lower than the amount owed constitutes an alteration in the composition of the assets. The capital gain or loss is determined by the difference between the transfer value (actual amount satisfied) and the acquisition value (amount owed). This result must be included in the savings tax base.

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