Skip to content
Back to index
V1854-18 25 June 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · usucapión

The asset acquired by usucaption must be recognized at its fair value on the date of the judicial ruling

A company inquires how to accounting reflect a property obtained through usucaption following a judicial resolution. The DGT determines that the asset is recognized at its fair value on the date of the ruling, treating it as a gratuitous acquisition.

The question raised

Question raised 1- Appropriate accounting reflection by a company in the event that it obtains a favorable judicial resolution. The value at which the asset must be reflected in the accounts.

The DGT's ruling

Acquisition by usucaption must be treated as a gratuitous acquisition. The asset must be recognized in the balance sheet at its fair value on the date the judicial ruling is issued, which is when the transfer of risks and benefits occurs. The counterpart shall be income directly attributed to equity.

Email
Contact