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V1125-19 22 May 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from the sale of shares are recognised when the conditions for transfer are met

A taxpayer has enquired as to which tax period should be used to declare gains from the staggered sale of company shares with deferred payments. The DGT has ruled that the transfer is deemed to have occurred once the agreed conditions are fulfilled.

The question raised

To which tax period must the capital gain obtained from the transfer of the shares be imputed.

The DGT's ruling

The capital gain or loss must be imputed in the period in which the change in assets occurs, which is the moment of the delivery of the goods. In transfers subject to conditions, the transfer is understood to have occurred when such conditions are met. Therefore, payments received before the fulfillment of the condition do not imply a gain in that fiscal year, but shall be considered as an increase in the transfer value in the period in which the gain or loss is imputed.

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