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V1800-25 13 October 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Sale of a non-residential property generates capital gain or loss

The consultant asks about the tax treatment of selling a property not used as primary residence without reinvesting the proceeds into a life annuity. The DGT responds that the transaction generates a capital gain or loss that must be included in the savings tax base.

The question raised

Taxation of the transaction.

The DGT's ruling

The transfer of a dwelling 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 or taxes, reduced by depreciation. The transfer value is the actual amount of the disposal, provided it is not lower than the market value, deducting the inherent expenses and taxes paid by the transferor. This gain is included in the savings tax base pursuant to Article 49 of the Personal Income Tax Law.

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