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V1862-18 26 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · arrendamiento financiero

The acquisition date of a property is the date the public deed for the exercise of the purchase option is formalised

A query was raised regarding which date and acquisition value should be used to calculate capital gains on a commercial premises following a financial lease. The DGT ruled that the acquisition date is the date the public deed for the exercise of the purchase option is formalised, as this is when the transfer of possession is understood to occur.

The question raised

Date and value of acquisition of the transferred premises for the purposes of calculating the capital gain or loss in Personal Income Tax.

The DGT's ruling

The date of acquisition of the real estate property is the date of formalization of the public deed for the exercise of the purchase option, as this entails the delivery of possession. If the premises were used for economic activity, the gain or loss is calculated as the difference between the actual transfer amount and the net book value (after replacing accounting depreciation with tax depreciation). If they were not used for economic activity, the acquisition value is the amount by which the purchase option was exercised.

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