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V2854-23 24 October 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition and transfer values must be calculated proportionally when selling a portion of a common element

The taxpayer asks how to calculate the capital gain or loss for Personal Income Tax (IRPF) purposes regarding the sale of an ownership share in a common sports area. The DGT responds that the acquisition and transfer values must be applied proportionally to the ownership coefficient.

The question raised

Question posed: Tax treatment in the IRPF for the taxpayer regarding this operation and, where applicable, the method for calculating the acquisition and transfer values of the ownership share of the affected Sports Area, in order to determine the potential capital gain or loss derived from this transfer.

The DGT's ruling

The transfer value shall be the actual amount of the disposal (or market value if lower) applied according to the ownership coefficient in the property prior to the segregation, after deducting expenses and taxes. The acquisition value shall be the result of applying the percentage derived from the difference between the ownership coefficients before and after the segregation to the total acquisition cost of the dwelling and its inherent expenses. The difference shall be included in the savings tax base.

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