How the DGT's position has evolved
Current position
The transfer of fixed assets generates a capital gain or loss calculated by the difference between the transfer value and the book value. In the case of donations of assets, the basis for the deduction is the book value at the time of the transfer or the value determined according to the rules of Wealth Tax (Impuesto sobre el Patrimonio). For works of art, the market value must be used, which must be substantiated through valid means of proof.
The DGT's position remains constant in determining capital gains through the difference between the transfer value and the book value. Recent rulings have specified the treatment of book value in donations and the need to substantiate the market value for specific assets such as works of art.
Turning points
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Establishes that for donations of assets, the basis for the deduction is the book value at the time of the transfer or the value according to Wealth Tax rules.
Analysis based on 47 of 50 rulings with a stated position. Updated 18 September 2026.