Skip to content
Back to index
V2628-25 23 December 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Applicability of the 1994 acquisition reduction to the transfer of usufruct and bare property

The consultant asks whether the Ninth Transitional Provision of the LIRPF applies to the sale of a property acquired in 1968. Hacienda responds that gain or loss is attributed based on the ownership of usufruct or bare property, and that the transitional regime applies.

The question raised

Request to determine whether the Ninth Transitional Provision of the Personal Income Tax Law is applicable for the purpose of determining the potential capital gain or loss in the transfer.

The DGT's ruling

The transfer of the real estate generates a capital gain or loss which is attributed to the mother due to the usufruct and to the taxpayer and his brother due to the bare ownership. As it was acquired before December 31, 1994, the Ninth Transitional Provision of the Personal Income Tax Law is applicable. This rule allows for a reduction on the portion of the gain generated before January 20, 2006, subject to limits based on the transfer value and the results of previous transactions.

Book your free first meeting