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V0879-22 25 April 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · patrimonio neto

Disparity in financial contributions between spouses due to matrimonial property regime does not create a credit right

A taxpayer inquired whether the difference in financial contributions made by him and his spouse towards the purchase of their habitual residence should be included for Wealth Tax purposes. The Directorate General of Taxes (DGT) ruled that, as this difference arises from the matrimonial property regime rather than a loan, it does not constitute a credit right with economic value.

The question raised

Question posed - Whether the differences in economic contributions between spouses for the purchase of a habitual residence must be computed in the Wealth Tax return.

The DGT's ruling

The difference in economic effort to acquire the dwelling, based on the regulation of the matrimonial property regime of separation of assets, does not constitute a private loan agreement. As there is no credit right that can be valued economically, said difference has no impact on the Wealth Tax return. On the other hand, matrimonial compensations for dedication to the family do constitute an increase or decrease in net wealth depending on the assets in which they are materialized.

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