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V3132-21 17 December 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Option to use proportional income recognition for sales with deferred payment exceeding one year

The taxpayer asks whether they can apply the temporal imputation regime for the sale of shares where payment will be received over three years. The DGT rules that, as more than one year elapses between the delivery and the final payment deadline, it is possible to opt for proportional income recognition as the payments become due.

The question raised

Whether the regime of temporal imputation referred to in Article 14.2 d) of the Personal Income Tax Law may be applied.

The DGT's ruling

Capital gains are generally imputed in the period of the change in assets. However, in installment transactions or those with deferred pricing, where the period between delivery and the final installment exceeds one year, the taxpayer may opt to impute the income proportionally as the payments become due. As this requirement is met in the case consulted, said option is applicable.

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