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A married couple who sold a property to their daughter with instalment payments agreed to apply a discount on the price due to the property's depreciation. The Directorate General for Taxes (DGT) ruled that this discount cannot be accounted for as a capital loss.
Cuestión planteada Efectos de dicho descuento en la ganancia patrimonial que deben seguir imputando los cónyuges.
El descuento efectuado al comprador se configura como un supuesto de aplicación de renta al consumo del contribuyente. Por tanto, no puede computarse como pérdida patrimonial y no produce efecto alguno en la ganancia patrimonial que deben seguir declarando los transmitentes según los cobros pactados inicialmente.
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