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A taxpayer inquires how to calculate and distribute the gain from the sale of a dwelling owned by him and his former spouse. The DGT responds that the gain is determined by the difference between the acquisition and transfer values, and that ownership is distributed according to the matrimonial economic regime.
Question posed: Calculation of the capital gain and its individualization.
The capital gain or loss is the difference between the acquisition and transfer values. In common assets of spouses, ownership is attributed equally to each, unless another share of participation is justified. As the dwelling is owned by both in joint ownership in equal parts, the inquirer is entitled to 50% of the generated gain.
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