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V1554-24 25 June 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Selling a share of a property generates a capital gain or loss for Income Tax purposes

A person holding a 25% ownership stake in a property and with a recognised disability enquires about the tax implications of a sale. The DGT explains that the transaction generates a capital gain or loss based on the percentage of ownership.

The question raised

Taxation of the transaction under Personal Income Tax (IRPF).

The DGT's ruling

The transfer of the ownership interest generates a capital gain or loss based on the difference between the acquisition and transfer values. The acquisition value includes the actual amount, investments, improvements, and inherent expenses, reduced by depreciation. The transfer value is the actual amount of the disposal, deducting the expenses and taxes paid by the transferor. This gain shall be included in the savings tax base.

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