How the DGT's position has evolved
Current position
Capital gains include compensation for damages, such as late payment interest on wages, and the award of legal costs (the latter being a capital loss). The acquisition value of an asset includes the actual cost plus investments and improvements that increase its capacity or useful life, excluding maintenance repairs. The allocation of assets due to the dissolution of a community of property or mandatory land transfers does not constitute a change in assets if they do not exceed the ownership share.
The sequence of rulings does not show a doctrinal evolution, but rather addresses heterogeneous scenarios within the capital gains regulations. The criteria remain consistent in their respective matters, from the determination of the acquisition value to the non-generation of gains in the allocation of assets or urban planning transfers.
Analysis based on 197 of 213 rulings with a stated position. Updated 19 July 2026.