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A consultant asks which date should be considered the acquisition date of their home, given that the private contract was signed in 1985, the keys were handed over in February of that year, and the public deed was executed in 1989. The DGT responds that acquisition occurs through the tradition of the thing, which can be the placing of the asset into the buyer's power and possession.
Cuestión planteada Fecha de adquisición de la vivienda.
Para determinar la fecha de adquisición, se aplica el artículo 1462 del Código Civil, entendiendo que la cosa se entrega cuando se pone en poder y posesión del comprador. En este caso, al existir un contrato privado y entrega de llaves en febrero de 1985, se entiende realizada la tradición y la adquisición del pleno dominio en esa fecha. No obstante, la acreditación de dicha tradición debe probarse por los medios admitidos en Derecho ante la Administración Tributaria.
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