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V3135-21 17 December 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias patrimoniales

Sale of a personal library generates capital gains or losses for Personal Income Tax purposes

A taxpayer has enquired about the taxation of the progressive sale of their personal library. The DGT has ruled that, as this does not constitute an economic activity, the sale generates capital gains or losses based on the difference between the acquisition value and the transfer value.

The question raised

Personal Income Tax treatment of the progressive sale of books that form part of this personal library.

The DGT's ruling

The sale of books from a personal library constitutes an asset alteration that generates capital gains or losses. Capital losses shall not be calculated if they result from the normal consumption of durable consumer goods. For books acquired before December 31, 1994, the rules of the ninth transitional provision of the Personal Income Tax Law shall apply. The taxpayer must prove the value and the date of acquisition and sale through the means of evidence admitted under Law.

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