Back to index
V2739-23 9 October 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Replacing future housing with cash triggers a new capital gain in the year of substitution

A taxpayer exchanged plots of land for cash and future housing, but subsequently agreed to receive cash instead of the properties. The Tax Agency has ruled that this constitutes a new change in assets and affects the timing of the original gain.

The question raised

Taxation of the referred operation.

The DGT's ruling

The substitution of the right to receive future work for a sum of money constitutes a new change in assets. The gain or loss is calculated as the difference between the acquisition value of the right (pursuant to art. 37.1.h LIRPF) and its transfer value. This new gain is imputed to the tax year in which the substitution occurs and is taxed within the savings base. Likewise, the portion of the gain from the original exchange that had been deferred due to the imputation criterion for term operations must also be imputed in the year of the substitution.

Book your free first meeting