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An individual assigned a credit right against a company in insolvency proceedings to a third party for an amount lower than the debt owed. The Directorate General for Taxes (DGT) has determined that this transaction constitutes a capital gain or loss.
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 alteración en la composición del patrimonio. La variación patrimonial se calcula 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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