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V2334-19 10 September 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Share transfer value includes amounts agreed for deferred payment

A taxpayer requested guidance on how to tax the sale of shares where the price is received partially through deferred payments. The DGT indicates that the transfer value must include the total agreed price, although it allows for the option of proportional allocation of the gain.

The question raised

Tax treatment of said sale in the Personal Income Tax.

The DGT's ruling

The transfer value of the shares includes both the amount received at the time of sale and the amounts agreed to be collected in subsequent years. The taxpayer may opt to impute the capital gain proportionally as the collections become due, as it constitutes a transaction with a deferred price. Otherwise, the gain is imputed in its entirety in the period in which the transfer occurs.

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