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V2992-14 4 November 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valores homogéneos

Sole ownership and joint ownership of shares are considered distinct assets

A query was raised regarding which date and acquisition values should be applied when selling shares held both exclusively and jointly. The DGT ruled that sole ownership and joint ownership do not constitute homogeneous assets.

The question raised

In the event of the sale of shares whose ownership is shared with another person, the question arises as to what the acquisition dates and values would be.

The DGT's ruling

Exclusive ownership and joint ownership with other persons constitute two different patrimonial realities. Therefore, shares subscribed as a sole owner and shares subscribed under joint ownership are not considered homogeneous values. For the application of the rule regarding the values acquired first, exclusive ownership and joint ownership must be treated separately.

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