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A tenant received €55,000 after signing an agreement to waive a right of pre-emption that had been judicially recognised. The DGT has ruled that this amount constitutes a capital gain resulting from a change in the composition of her assets.
Cuestión planteada Tributación en el IRPF del importe percibido.
La renuncia al derecho de retracto se considera una transmisión que genera una ganancia patrimonial según el artículo 33.1 de la Ley 35/2006. El importe de la ganancia se determina por la diferencia entre el valor de transmisión (lo percibido) y el valor de adquisición (cero), pudiendo deducirse los gastos de abogado. Esta ganancia debe integrarse en la base imponible del ahorro.
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