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V1673-23 13 June 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains or losses arise if the allocation in a condominium dissolution exceeds the ownership share

A taxpayer received financial compensation upon the dissolution of a condominium over a property. The DGT rules on whether this transaction generates a capital gain or loss for Personal Income Tax (IRPF) purposes.

The question raised

Taxation of the operation under Personal Income Tax.

The DGT's ruling

The dissolution of a community of property does not alter the composition of the assets if the allocation corresponds to the ownership share. However, if assets are allocated at a value higher than that of the ownership share, an alteration of assets occurs, generating a gain or loss. This result is determined by the difference between the acquisition and transfer values, regardless of whether there is cash compensation or whether the dissolution is total or partial.

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