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V4717-16 8 November 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · transmisiones patrimoniales onerosas

Sale of parking space use rights subject to ITP and generates capital gains or losses for IRPF

An individual who is not a business owner sells a right to use a parking space for a term of 50 years. The DGT has determined that the transaction is subject to ITP and that capital gains or losses for IRPF must be calculated by adjusting the acquisition value to the remaining term of the right.

The question raised

Taxation of the sale in the Transfer Tax and in the Personal Income Tax.

The DGT's ruling

The transfer of the right of use by a non-business natural person is subject to the onerous transfer of assets modality of the ITP and AJD. In the IRPF, the sale generates a capital gain or loss based on the difference between the acquisition and transfer values. The acquisition value must be proportionally reduced by the time elapsed from the start of the assignment until the sale, as the right has been partially consumed.

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