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V2796-19 10 October 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Sale of a personal stamp collection generates capital gains or losses for Personal Income Tax purposes

The taxpayer inquires about the taxation of the sale of a stamp collection acquired privately. The Directorate General of Taxes (DGT) rules that, as it is not part of an economic activity, the sale generates capital gains or losses based on the difference between the acquisition value and the transfer value.

The question raised

Taxation of the sale.

The DGT's ruling

The sale of elements of personal assets, such as stamps not related to economic activities, gives rise to capital gains or losses pursuant to Article 33.1 of the Personal Income Tax Law. The acquisition value includes the actual amount, investments, improvements, and inherent expenses, whereas the transfer value is the actual amount of the disposal minus the expenses and taxes paid by the transferor. If the assets were acquired before December 31, 1994, the reduction rules of the ninth transitional provision shall apply. The date and the acquisition value may be substantiated by the means of proof admitted under Law.

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