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V1496-24 18 June 2024 · 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 asks how her husband's death affects the timing of the imputation of a capital gain from the instalment sale of a property. The DGT rules that the portion of the income corresponding to the deceased must be fully included in his final tax period.

The question raised

Given that the husband passed away on February 29, 2024, an inquiry is made regarding the temporal imputation in Personal Income Tax (IRPF) of the deferred collections

The DGT's ruling

Having opted for the special rule for the proportional imputation of installment transactions, the death of the taxpayer triggers the rule set forth in Article 14.4 of the Personal Income Tax Law (LIRPF). This requires the integration of all income pending imputation from the deceased into the taxable base of the final tax period. This obligation applies to the portion of the collections corresponding to the husband's share, regardless of whether the credit is awarded to the widow in the liquidation of community property. The imputation of the taxpayer's share remains unaffected and continues under the installment transactions rule.

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