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V1477-24 18 June 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Gain or loss from company liquidation is calculated using the market value of assets received minus the acquisition value

The query concerns how to calculate capital gains or losses for Personal Income Tax (IRPF) purposes when a shareholder receives assets following the dissolution and liquidation of a company, having previously acquired the shares through the liquidation of a community property regime. The Directorate General of Taxes (DGT) rules that the result depends on the difference between the market value of the assets received and the acquisition value of the shares.

The question raised

Method of calculating the capital gain or loss in Personal Income Tax (IRPF).

The DGT's ruling

The capital gain or loss for the partners is determined by the difference between the market value of the assets and rights received and the acquisition value of the share. In the liquidation of a community property regime, there is no change in assets if the allocation conforms to the ownership share, maintaining the original acquisition values and dates. If assets are allocated at a value higher than the ownership share, a change in assets would be generated for the other spouse.

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