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V1167-17 17 May 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from the sale of securities are recognised upon the transfer of said securities

A cooperative member enquires when they must pay tax on the sale of property titles subject to a condition precedent with deferred payments. The DGT rules that the gain occurs upon effective transfer and allows for the option of proportional recognition of income.

The question raised

Taxation of the amounts received. Temporal attribution of the income generated, in the event that the transfer is carried out or, in the event that it is not carried out.

The DGT's ruling

The signing of a private contract subject to a condition precedent does not generate a change in net worth nor does it constitute a capital gain or loss. Said change occurs when the transfer of the securities is carried out. The taxpayer may opt to proportionally attribute income in transactions with deferred payment, provided that the period between the delivery and the final installment exceeds one year.

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