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V1669-25 16 September 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Gain or loss is recognised in the period of delivery of the property

A property owner sells a portion of their property, but the buyer will not take possession until the current occupants die or move. Tax authorities state that the change in wealth occurs at the time of delivery.

The question raised

Temporal imputation of the transaction for Personal Income Tax purposes.

The DGT's ruling

The temporal imputation of the capital gain or loss must be carried out in the tax period in which the change in assets occurs, that is, at the time of the delivery of the goods. In this case, as there is a condition that postpones the delivery of the real estate until the occupants vacate the dwelling, the change in assets will occur at the moment such delivery takes place.

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