Skip to content
Back to index
V2280-17 8 September 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from the sale of real estate are recognised in the year of delivery or public deed

A taxpayer inquired which year should be used to declare a gain from the sale of a property paid in instalments. The DGT ruled that the transfer occurs upon delivery or the execution of the public deed.

The question raised

Temporal attribution.

The DGT's ruling

The capital gain or loss is attributed to the tax period in which the change in assets occurs. The date of transfer of real estate is the date of its formalization through a public deed or the delivery of possession to the buyer. In this case, the transfer and the change in assets will occur when the deed is executed and the property is delivered.

Book your free first meeting