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V1038-18 24 April 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The loss from the transfer of land constitutes savings income and not general base income

The taxpayer asks whether a loss resulting from the mismanagement by a real estate management company can be attributed to the general tax base. The DGT responds that the transfer of the land is a capital gain or loss that is part of the savings base.

The question raised

A. Regarding the capital loss declared in 2015. Possibility of rectifying the Personal Income Tax self-assessment by attributing the loss to the general tax base, and not to the savings base, on the grounds that said loss occurs due to an extraordinary cause attributable to the mismanagement of the management company, and, therefore, was not generated in the transfer of an asset.

The DGT's ruling

The transfer of an undivided share of land generates a capital gain or loss that must be included in the savings tax base. Amounts paid that do not correspond to the transfer of the land or services could constitute a credit right, the loss of which would be taxed in the general base. Late payment interest for the refund of undue payments cannot be computed as a capital loss as it is due to consumption.

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