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V0953-19 7 May 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Option to proportionally attribute capital gains from share sales as payments are received

A taxpayer has enquired as to when capital gains from the sale of shares must be declared if part of the price is received immediately and the remainder in the future. The DGT indicates that the taxpayer may choose between declaring the full gain or attributing it proportionally based on the payments received, provided the requirements for instalment sale transactions are met.

The question raised

Temporal attribution of the capital gain obtained.

The DGT's ruling

The capital gain or loss from the sale of shares is attributed to the period in which the change in assets occurs. However, in installment transactions or those with deferred payment, the taxpayer may opt to attribute the income proportionally as the payments become due. An installment transaction is considered to be one where the period between the delivery and the final installment exceeds one year.

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