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A taxpayer inquired which date should be used to calculate capital gains or losses when selling a property acquired via a private contract in 1979 and formalised through a public deed in 2007. The Directorate General for Taxes (DGT) ruled that the acquisition date is that of the public deed, unless prior delivery of the property can be substantiated.
Cuestión planteada Solicita saber la fecha de adquisición a efectos del cómputo de una posible ganancia o pérdida patrimonial en la venta.
La fecha de adquisición será la de la escritura pública, salvo que se acredite la entrega de la vivienda en un momento anterior. Dicha entrega puede probarse por cualquier medio admitido en Derecho ante la Administración Tributaria. En ausencia de prueba de la entrega previa, se tomará la fecha de la escritura pública.
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