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V2346-25 3 December 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · disolución de sociedad de gananciales

Dissolution of gainful shares without excess allocation does not generate patrimonial gain or update property value

The consultant asks whether the dissolution of a gainful shares society for a property acquired in 1987 allows applying the ninth transitional provision of the LIRPF. Tax authorities respond that, as ownership shares are respected, there is no patrimonial alteration and the property retains its original value and acquisition date.

The question raised

Question posed: Whether the ninth transitional provision of the LIRPF is applicable.

The DGT's ruling

The dissolution of the community property regime does not constitute an alteration in the composition of the assets if the adjudication conforms to the ownership share of each spouse. In this case, no capital gain or loss is produced, nor is the updating of asset values permitted. The asset shall retain its original acquisition value and its acquisition date for future transfers. An alteration in assets would only occur if assets were adjudicated at a value exceeding the ownership share of one of the spouses.

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