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V2361-14 10 September 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · sociedad de gananciales

Dissolution of community property regime does not trigger capital gains if allocation respects ownership shares

Consultants inquired which allocation values should be used when liquidating a community property regime to avoid capital gains tax implications. The DGT ruled that no gain or loss occurs if the allocation aligns with each spouse's ownership share and assets retain their original values and acquisition dates.

The question raised

Allocation values to be considered to ensure no change in assets occurs.

The DGT's ruling

The dissolution of the community property regime does not constitute a change in assets provided that the allocation corresponds to the ownership share of each spouse. The assets received retain their original acquisition values and acquisition dates, without the possibility of updating them. A change in assets only occurs if assets are allocated at a value exceeding the corresponding share, thereby generating a gain or loss.

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