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A taxpayer inquired whether the right to declare capital gains from the transfer of her share in a property had expired following payments received from her ex-husband. The Directorate General for Taxes (DGT) ruled that a transfer only occurs when there is a change in asset ownership, typically evidenced by a public deed, rather than through private agreements.
Cuestión planteada Aplicación de la prescripción respecto a la ganancia patrimonial correspondiente a la transmisión de su participación en el inmueble.
La ganancia o pérdida patrimonial se produce con la alteración en la composición del patrimonio, que en inmuebles ocurre con su transmisión. La imputación debe hacerse en el período impositivo en que tenga lugar dicha transmisión. Al no constar un documento con facultad traslativa del dominio, no se puede determinar la fecha de transmisión, por lo que no procede hablar de prescripción.
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