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A taxpayer inquired about the value to be used for a property allocated during a divorce when selling it years later. The DGT ruled that the dissolution of the community property regime does not allow for the updating of the asset's value.
Cuestión planteada Valor de adquisición de la vivienda.
La disolución de la sociedad de gananciales por divorcio no constituye una alteración en la composición del patrimonio. Por tanto, la vivienda adjudicada no permite una actualización de su valor. Para calcular la ganancia o pérdida patrimonial en una transmisión posterior, se debe tomar el importe real satisfecho en la compra original en régimen de gananciales.
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