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A taxpayer inquired how to individualise a capital loss following the sale of a property built on land that was partially owned privately by their spouse and partially as community property. The DGT ruled that the ownership of any gain or loss follows the rules of the matrimonial property regime.
Cuestión planteada Se solicita saber la individualización de la citada pérdida patrimonial.
La titularidad de la edificación sobre suelo privativo corresponde al cónyuge propietario del suelo, independientemente de los derechos de reembolso. La parte de la edificación construida sobre suelo ganancial es de ambos cónyuges. La pérdida patrimonial proporcional a la parte privativa corresponde a la esposa, mientras que la parte ganancial se atribuye por mitad a cada cónyuge.
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