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V3496-20 2 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · sociedad de gananciales

Sale of community property shares between spouses has no impact on Personal Income Tax

A spouse married under the community property regime sells their shares in a company to the other spouse so that the latter becomes the sole owner. The Directorate General of Taxes (DGT) has ruled that, as the shares retain their nature as community property, the transaction does not generate any capital gains or losses.

The question raised

Impact of the transfer on Personal Income Tax (IRPF) taxation.

The DGT's ruling

The transfer of shares that form part of the community property estate has no impact on the settlement of Personal Income Tax (IRPF) if the shares maintain their community property nature following the transaction. As there is no real alteration in the composition of the community property estate, the shares shall retain their original value for future transfers. The sale and purchase carried out for the purpose of changing ownership does not constitute a variation in the value of the taxpayer's assets for tax purposes.

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