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A taxpayer inquired as to whom the gains or losses from shares purchased in their securities account, but belonging to a group of friends, should be attributed. The DGT ruled that the income belongs to the actual owner of the assets, regardless of whose name appears in the bank records.
Cuestión planteada A quién se debe atribuir la ganancia o pérdida patrimonial derivada de la futura transmisión de las acciones.
Las ganancias y pérdidas patrimoniales se atribuyen a los contribuyentes que sean titulares de los bienes de los que provengan. La titularidad de las acciones corresponde a quien ostente su titularidad dominical, con independencia de quién figure como titular formal en los registros bancarios. No obstante, si se acredita que la titularidad no es exclusiva del titular formal, la renta se atribuirá según la realidad de la propiedad.
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