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V2226-23 27 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition value cannot be updated during the division of common property

A co-owner of a property inquired whether acquisition values should be updated following the allocation of the property to a single spouse via a divorce decree. The DGT ruled that no change in assets occurs if the allocation respects the existing ownership share, thereby preventing the update of acquisition values.

The question raised

Taxation of the operation in the Personal Income Tax. In particular, whether the acquisition values of the dwelling must be updated.

The DGT's ruling

The division of common property does not constitute an alteration in the composition of the assets, provided that the adjudication corresponds to the ownership share. In these cases, the assets retain their original values and acquisition dates without the possibility of updating them. If assets are adjudicated at a value higher than the ownership share, a capital gain or loss is generated for the other co-owner.

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