Allocation of housing in the dissolution of community property: value and acquisition date

The dissolution of the community property regime (sociedad de gananciales) raises frequent doubts regarding the determination of the value and acquisition date of allocated assets. Recently, the Dirección General de Tributos (DGT) has clarified the tax treatment of housing when one spouse receives ownership of a common asset following the liquidation of the economic regime.

What the DGT has ruled

The DGT establishes that the dissolution of the community property regime does not constitute an alteration in the composition of assets that leads to capital gains or losses, provided that the allocation corresponds to each party's ownership share. In this sense, the assets received maintain their original acquisition values and their initial acquisition dates.

In specific situations, such as when a home has been paid for in installments using community funds, the criteria are as follows:

• The acquisition value of the allocated portion will be half of the price paid.
• The acquisition date will correspond to the dates on which the payments were made with community funds.

What it means for you

For individuals who, following the dissolution of their community property regime, receive the allocation of a common asset, this criterion is fundamental for the future calculation of Personal Income Tax (IRPF). Since there is no transfer with a profit motive at the time of allocation, no tax should be paid on a supposed capital gain at that moment.

However, this data is decisive for the moment you decide to sell the home. The value and date used to calculate the capital gain or loss in a future sale will not be those from the moment of dissolution, but those corresponding to the origin of the acquisition of the common asset.

What you should do

It is necessary to correctly document payments made with community funds and to keep the supporting documents for the dates on which such disbursements were made. Since the acquisition date may be linked to different moments of partial payments, having traceability of the funds is essential to accurately determine the acquisition value and avoid errors in the IRPF settlement in a future sale.