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A taxpayer asks whether her patrimonial gain from property sales belongs solely to her based on a private agreement from 2002. The DGT responds that ownership cannot be confirmed due to contradictions in the sale deed.
The taxation of the capital gain is determined by the ownership of the real estate according to the rules of legal ownership. The DGT does not have the competence to value or confirm contradictions between the contractual status declared by the taxpayer and other agreements that may negate it. In this case, the deed of sale reflects that both spouses are owners in equal shares, which prevents the confirmation of the sole ownership requested.
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