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V2645-21 2 November 2021 · 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 the corresponding ownership share is allocated

A query was raised regarding the acquisition date and value of real estate following the dissolution of a community property regime due to death. The DGT ruled that the allocation of the ownership share does not constitute a change in assets and does not allow for the updating of values.

The question raised

Question posed: Determination of the date and value of acquisition of the ownership percentage of the real estate properties that the mother donates in favor of her son for the purpose of calculating the possible capital gain or loss in the Personal Income Tax.

The DGT's ruling

The dissolution of the community property regime and the adjudication of the share to each spouse does not constitute an alteration in the composition of the assets if it corresponds to their ownership share. In this case, the assets retain their original values and acquisition dates. An alteration of assets only exists if assets are adjudicated at a value higher than the ownership share.

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