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V1364-18 24 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Transfer of rights in a housing cooperative triggers capital gains tax and may be subject to Transfer Tax

A member of a social housing cooperative wishes to sell their rights to a successor for €60,000 after having contributed €50,000. The DGT rules that the transaction is subject to Personal Income Tax (IRPF) based on the difference between the acquisition and transfer values, and is subject to Transfer Tax (ITP) if the member is not a professional trader.

The question raised

Question raised: Taxation of the proposed transaction under Personal Income Tax, Value Added Tax, and Transfer Tax and Documented Legal Acts Tax.

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