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V2838-20 22 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cuota de liquidación

Liquidation of a civil society generates capital gains or losses for partners

A query was made regarding the taxation of the allocation of parking spaces to partners following the dissolution of a civil society. The DGT indicates that the difference between the market value of the assets received and the acquisition value of the share constitutes a capital gain or loss.

The question raised

1. Whether, at the time of approving the final liquidation balance sheet, the amount paid to the City Council of 159,013 euros must be considered the sole asset of the particular civil society, given that the administrative concession belonging to the particular civil society has expired, without taking into account the value of the administrative concession that belonged to the particular civil society.

The DGT's ruling

The dissolution and liquidation of the company entails the realization of a capital gain or loss by the partners. This is determined by the difference between the market value of the assets and rights received and the acquisition value of the share capital. The market value at the time of liquidation shall be the acquisition value for future transfers. Said gain or loss shall be included in the savings tax base.

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