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V1614-22 4 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Original acquisition values and dates maintained following division of a community of property

A married couple sought guidance on calculating capital gains when selling a farm that was part of a community of property and had undergone renovations. The DGT ruled that the division of the community of property does not alter the asset's tax basis if the corresponding share is allocated, thereby maintaining the original acquisition values and dates from 1985.

The question raised

Method of calculating capital gains or losses in Personal Income Tax.

The DGT's ruling

The division of a community of property does not constitute an asset alteration if the adjudication corresponds to the ownership share, preserving the original values and acquisition dates. In the case of construction works, the acquisition value is the sum of the land and the cost of the works, with the acquisition date being the date of their completion if it can be proven. If the completion date is not proven, the date of the deed of declaration of new construction shall be taken.

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