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V2623-21 28 October 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains or losses arise if asset allocation in a dissolution exceeds the ownership share

The inquirer asks whether the transfer of their father's share to the siblings generates capital gains or losses and how to calculate them. The DGT rules that a change in assets occurs when assets are allocated at a value higher than the co-owners' respective ownership shares.

The question raised

It is requested to determine whether a capital gain or loss occurs for the siblings who transfer their share in the real estate for Personal Income Tax purposes. If so, they request to know the acquisition dates and values, the expenses associated with the acquisition operations, as well as the deductibility of the real estate depreciation for the purpose of calculating the aforementioned capital gain or loss.

The DGT's ruling

The dissolution of a community of property does not constitute a capital gain or loss if the allocation corresponds to the ownership share. However, if assets are allocated at a value higher than a co-owner's share, a capital gain or loss is generated for the others. The acquisition value is determined by the difference between the acquisition and transfer values, reducing the former by fiscally deductible depreciation. In this case, there are two distinct acquisition dates and values for each sibling.

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