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V1329-23 18 May 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · subasta judicial

Acquisition of property via judicial auction is deemed to occur in the year of the adjudication decree

A query was raised regarding which tax year should be considered the date of acquisition for property purchased at a judicial auction. The DGT ruled that the transfer takes place upon the issuance of the adjudication decree, rather than upon payment.

The question raised

The fiscal year in which the real estate must be understood as acquired for Personal Income Tax purposes.

The DGT's ruling

Ownership of real estate acquired at a judicial auction is transferred through the conjunction of title and mode. In this case, the transfer occurs at the moment the adjudication decree is issued, which replaces the adjudication order and is equivalent to the delivery of the thing. Therefore, the date of acquisition for Personal Income Tax purposes is the date of the adjudication decree.

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