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The taxpayer asks when they must pay tax on the sale of a property after signing a private deposit agreement (arras) and deferring the remaining payment. The DGT rules that capital gains or losses are recognised in the period when the civil transfer occurs, which requires both the contract and the physical delivery of the property.
Cuestión planteada Tributación en el IRPF.
La transmisión de la propiedad no se opera por el mero contrato, sino que requiere la conjunción de título y modo (tradición o entrega). La ganancia o pérdida patrimonial debe imputarse al periodo impositivo en que tenga lugar la alteración patrimonial, entendida esta como el momento en que civilmente se produce la transmisión del inmueble. El cálculo se realiza por la diferencia entre los valores de adquisición y transmisión.
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