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A query was raised regarding when capital gains or losses from a property sale must be declared when a private contract and the public deed occur in different years. The DGT ruled that the tax imputation occurs upon the delivery of the asset, which usually coincides with the public deed unless prior delivery can be proven.
Cuestión planteada Imputación temporal de la ganancia o pérdida patrimonial que, en su caso, se derive de la compraventa.
La ganancia o pérdida patrimonial debe imputarse en el periodo impositivo en que ocurre la alteración patrimonial, es decir, en el momento de la entrega de los bienes. El otorgamiento de escritura pública equivale a la entrega, a menos que se demuestre lo contrario. Si no se puede acreditar una entrega previa mediante medios de prueba admitidos, se tomará la fecha de la escritura pública.
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