Back to index
V2213-17 5 September 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The €400,000 seniority reduction limit applies individually to each taxpayer

A married couple under the community property regime (gananciales) has enquired how to apply the €400,000 seniority reduction limit when transferring shares acquired before 1995. The Directorate General of Taxes (DGT) clarifies that ownership of community property is attributed equally to each spouse and that the €400,000 limit must be applied individually.

The question raised

Method of applying the 400,000 euro limit provided for in the ninth transitional provision of the Personal Income Tax Law.

The DGT's ruling

Capital gains and losses are attributed according to the rules of legal ownership, whereby common assets under the community property regime are attributed equally to each spouse. The 400,000 euro limit provided for in the ninth transitional provision of the Personal Income Tax Law must be considered by each taxpayer individually, both in individual and joint taxation.

Book your free first meeting