Skip to content
Back to index
V1292-24 4 June 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Capital gains or losses from property sales are recognised in the period of the public deed or delivery

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.

The question raised

Temporal imputation of the capital gain or loss that, where applicable, derives from the sale and purchase.

The DGT's ruling

The capital gain or loss must be imputed in the tax period in which the change in assets occurs, that is, at the time of the delivery of the assets. The execution of a public deed is equivalent to delivery, unless proven otherwise. If a prior delivery cannot be proven through admissible means of evidence, the date of the public deed shall be taken.

Book your free first meeting