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V1917-20 12 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Debt collection from a licence sale does not trigger new capital gains if no prior loss was recognised

A taxpayer sold an auto-taxi licence in 2014 via instalment payments; however, the buyer defaulted and completed all payments in 2019. The Tax Agency clarifies that late collection does not generate a new gain if the sale was already taxed at the time of the transaction.

The question raised

Effects on Personal Income Tax.

The DGT's ruling

The gain from the sale must be imputed in the year of the transfer or proportionally according to the amounts due if the installment sale method was chosen. Non-payment does not modify the original gain, as the credit is a distinct right. Only if the taxpayer imputed a capital loss for overdue and uncollected credits will the collection in 2019 generate a capital gain.

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