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A taxpayer assigned a right of credit against a company in insolvency proceedings to a third party for an amount lower than the debt owed. The Directorate General of Taxes (DGT) ruled that this transaction constitutes a change in assets subject to capital gains and losses regulations.
Cuestión planteada Tributación de la transmisión en el IRPF.
La transmisión de la titularidad de un derecho de crédito por un precio inferior al adeudado supone una variación en la composición del patrimonio. La ganancia o pérdida patrimonial se determina por la diferencia entre el valor de transmisión (importe real satisfecho, siempre que no sea inferior al de mercado) y el valor de adquisición (importe adeudado).
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