Skip to content
Back to index
V1532-19 24 June 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Property acquisition date determined by delivery of possession or execution of public deed

A taxpayer inquired which date to use for the acquisition of a property purchased via private contract in 1977, with keys delivered in 1978 and the public deed executed in 1998. The DGT ruled that the date depends on the evidence of the delivery of the property.

The question raised

Date of acquisition.

The DGT's ruling

The date of acquisition of real estate is determined according to the Civil Code, understanding that the thing is delivered when it is placed in the power and possession of the buyer. Tradition may consist of the placement in possession, the delivery of keys, or the execution of a public deed. To use a date prior to the deed, the interested party must prove the tradition through means admitted in Law; otherwise, the date of the public deed shall be taken.

Book your free first meeting