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V1330-20 11 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Income pending imputation from instalment sales must be included in the deceased's final tax period

A taxpayer inquired about how to impute gains from an instalment sale of shares following the death of their spouse, who had opted for proportional imputation. The DGT ruled that the deceased person's income must be fully included in their final tax period.

The question raised

How the capital gains obtained from the sale of the aforementioned shares must be imputed to Personal Income Tax (IRPF).

The DGT's ruling

In installment operations, the taxpayer may opt to impute income proportionally as the payments become due. However, upon the death of the taxpayer, all income pending imputation must be included in the tax base of their final tax period. This applies regardless of whether the right to collection is adjudicated to the survivor by inheritance. The surviving inquirer's portion maintains proportional imputation according to the due payments.

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