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A taxpayer married under the community property regime asks how dividends from shares held in her name but belonging to the community property must be taxed. The DGT rules that the entitlement to returns depends on the actual ownership of the securities rather than the formal ownership recorded in bank registries.
Cuestión planteada Individualización de los rendimientos del capital mobiliario correspondientes a los dividendos de esas acciones.
Los rendimientos del capital se atribuyen a quienes ostenten la titularidad dominical de los elementos patrimoniales de los que provengan. La titularidad de un depósito de valores conlleva la propiedad de los títulos, pero esta puede desvirtuarse si se acredita que la propiedad pertenece a la sociedad de gananciales. Corresponde a la Administración valorar las pruebas aportadas para determinar la titularidad real de las acciones.
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