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V5451-16 27 December 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Award of share in mortgaged land creates gain or loss

The tax treatment of acquiring a share in land securing a loan is examined. The DGT determines that the transfer results in a gain or loss and sets out conditions for recognising a loss due to unrecovered credit.

The question raised

Question posed: Tax treatment under Personal Income Tax regarding the adjudication of the interest in the land securing the loan in a mortgage foreclosure proceeding.

The DGT's ruling

The transfer of an interest in a mortgage foreclosure proceeding generates a capital gain or loss calculated as the difference between the adjudication value and the acquisition value. A capital loss arising from the obligation to pay as a guarantor only occurs when the possibilities of passing the payment on to the debtor are exhausted. Furthermore, losses from overdue and uncollected credits may be imputed according to the circumstances of Law 26/2014.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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