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V3280-23 21 December 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · arras penitenciales

Penalty deposits are attributed to the tax period in which the property sale is formalised

A taxpayer asks whether the receipt of €20,000 in penalty deposits must be declared in 2023. The DGT rules that this amount forms part of the sale price and must be taxed when the transfer of the property occurs.

The question raised

Temporal imputation of the amount received as earnest money.

The DGT's ruling

The change in net worth resulting from the transfer of real estate occurs in the tax period in which the sale is executed. Since the amount of the earnest money constitutes part of the purchase price, its impact on the tax assessment occurs in the period in which the transfer of the real estate is carried out.

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