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V4698-16 8 November 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Must file tax return for patrimonial gain from property sale without retention

The DGT confirms that a person with a €7,000 patrimonial gain from property sale, with no other income, must file a tax return as the exemption thresholds are not met.

The question raised

Whether there is an obligation to file an income tax return for the capital gain obtained.

The DGT's ruling

Upon obtaining a capital gain from the transfer of a dwelling that is not subject to withholding or payment on account, and not being covered by exemptions, there is an obligation to declare. The exempt limit of article 96.2.b) of the LIRPF nor the situation described in the last paragraph of said article shall be applicable.

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