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V1828-20 8 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Forgiving part of the sale price does not allow the seller to claim a capital loss

A father sells a pharmacy to his daughter with deferred payment terms and seeks to reduce the price due to financial difficulties. The DGT rules that this discount is considered a gift (liberalidad) and does not reduce the seller's capital gain, although it does reduce the acquisition value for the buyer.

The question raised

Effects of said discount on the capital gain that the father must continue to impute and on the acquisition value of the daughter's goodwill.

The DGT's ruling

The discount or reduction in price to the buyer is configured as a gratuity, and therefore cannot be computed as a capital loss pursuant to Article 33.5 of the LIRPF. The forgiveness of debt with the intent of gratuity is a gratuitous legal transaction. The discount does not affect the capital gain that the seller must declare according to the agreed payments, but it does reduce the acquisition value of the asset for the daughter.

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