Skip to content
Back to index
V0948-24 30 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from the sale of shares must be recognised in full during the year of transfer, even if part of the price is held in escrow.

The applicants sold company shares and agreed to place part of the proceeds into an escrow account to cover potential future claims. The DGT ruled that the gain must be taxed in the year of the sale and that any future indemnities will be treated as capital losses.

The question raised

Taxation of the payments that may derive from the aforementioned claim.

The DGT's ruling

The capital gain must be attributed to the tax year of the transfer, as the allocation of part of the price to guarantee deposits does not constitute an installment transaction. The price is deemed satisfied as the sellers are the holders of the deposits, even if they do not have immediate availability. Future indemnities to be paid with that money shall be considered capital losses in the period in which the obligation to indemnify arises. These losses shall be treated as savings income.

Book your free first meeting