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V2052-23 13 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from the sale of a dwelling may be imputed proportionally as installments are collected

A taxpayer inquired as to when the gain from the sale of a dwelling must be declared, where payment will be received in annual installments until 2032. The DGT explains that the taxpayer may choose to declare the gain at the time of delivery or to distribute it proportionally according to the collections.

The question raised

Question posed: Temporal imputation of capital gains obtained under Personal Income Tax.

The DGT's ruling

As a general rule, capital gains are imputed in the period in which the change in assets occurs (delivery of the asset or public deed). However, in transactions with deferred pricing where the period between delivery and the final installment exceeds one year, the taxpayer may opt to impute the income proportionally as the collections become due.

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