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V1011-18 19 April 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Capital gains or losses are recognised in the period when the assets are delivered

A taxpayer asks when the transfer of a tobacco shop subject to a suspensive condition must be declared. The DGT rules that the recognition must take place in the tax period in which the delivery of the assets is carried out.

The question raised

Temporal attribution of the income generated in the transfer.

The DGT's ruling

The capital gain or loss must be attributed to the tax period in which the change in assets occurs, which is the moment of delivery of the assets. In the case of a sale subject to a suspensive condition, the change in assets occurs when the asset is delivered after the condition has been fulfilled. Income from economic activities shall be attributed in accordance with Corporate Tax regulations, respecting the accrual of transactions.

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