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V3835-15 2 December 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Allocating a property in exchange for payment generates a capital gain or loss

A taxpayer inquired whether allocating their share of a property to an ex-spouse in exchange for an agreed price constituted a change in assets. The DGT ruled that it does constitute a change in assets and, therefore, the resulting gain or loss must be taxed.

The question raised

1. Whether, by virtue of the provisions of Article 33.3.d) of Law 35/2006, it can be considered that no change in assets exists due to the adjudication to her former spouse of her undivided half of the dwelling, and the tax treatment of the interest to be received for the deferred payment of the economic compensation.

The DGT's ruling

The adjudication of the dwelling to the former spouse in exchange for a price is not a mere division of the common property, but a disposal that generates a capital gain or loss. As it is an operation with deferred payment, the taxpayer may opt to impute the gain proportionally according to the collections. Interest from the deferred payment is taxed as income from movable capital in the period in which it becomes due. The compensatory pension received must be computed in its entirety as income from employment.

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