Skip to content
Back to index
V2851-20 22 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimiento de la actividad económica

Sale of a pharmacy taxed as business income from stock and capital gains from fixed assets

The owner of a pharmacy, acquired using community property, seeks guidance on how to tax the sale of the business and how to distribute income with her spouse. The DGT clarifies that stock constitutes business income, whereas fixed assets are treated as capital gains, with different imputation rules applying to each.

The question raised

Tax treatment of said sale in the Personal Income Tax and individualization of the income obtained between the consultant and her spouse.

The DGT's ruling

The transfer of inventory generates income from economic activity attributable entirely to the holder of the activity. Fixed assets generate a capital gain or loss calculated by the difference between the transfer value and the book value. Gains from fixed assets of a community property nature are attributed to both spouses in equal shares, but goodwill is attributed solely to the holder of the activity. Assets used for the activity are considered as such even if ownership is joint.

Book your free first meeting