8,2,4,1. General rules

Amount of capital gains or losses (Article 32 of the Act)

The amount of capital gains or losses on equity assets associated with an economic activity will result from the difference between the acquisition value and the transfer value of the equity elements.

Acquisition value (art. 35.1.n) Act)

The carrying amount will be considered as the acquisition value, taking into account the amortisations that have been tax deductible, and in any case the minimum amortisation will be computed, regardless of whether it is considered as an expense. The resulting maximum repayment period or the corresponding fixed percentage, according to each case, will be considered as the minimum repayment.

Application of reducing coefficients

In no case will the reduction coefficients intended for capital gains derived from non-assigned equity elements acquired before 31 December 1994 be applicable to capital gains derived from unassigned equity elements acquired before December .

For these purposes, equity elements used for economic activities shall be considered to be those in which the disaffection has not occurred more than three years before the date of transmission.

Equity elements relating to an economic activity (Article 29 of the Act; Article 22 Rgl.)

Assets under an economic activity carried out by the taxpayer, regardless of whether their ownership, in the event of marriage, is common to both spouses, shall be considered as:

• Real estate in which the activity is carried out.

• Goods intended for the economic and sociocultural services of personnel at the service of the activity.

• Any other equity elements that are necessary to obtain the respective returns.

They will not be considered as affected elements

• The assets representing the participation in the equity of an entity and the transfer of capital to third parties

• Assets intended for the private use of the owner of the activity, such as recreational and recreation.

• The equity elements that are used simultaneously for economic activities and for private needs, unless the use for the latter is ancillary and notoriously irrelevant except for cars and their trailers, mopeds, motorcycles, aircraft or sports or recreational vessels, except for the following cases:

  1. Mixed vehicles used for transporting goods.

  2. Those intended for the provision of passenger transport services by compensation.

  3. Those intended to provide driver or pilot training services in compensation.

  4. Those intended for professional travel by representatives or commercial agents.

  5. Those intended to be transferred for use with habituality and onerous benefits.

  For these purposes, cars, trailers, mopeds and motorcycles shall be considered as such in the Annex to the Royal Decree legislative 339/1990, of 2 March, approving the text of the Act on Traffic, Vehicle Traffic a Motor and Road Traffic Safety, and from 31 January 2016 in the Annex to Royal Legislative Decree 6/2015, of 30 October, as well as those defined as mixed vehicles in these Annexes and, in any case, those called "jeep" vehicles.

• The equity elements that, being the taxpayer's ownership, are not included in the accounting records or official records of the economic activity that the taxpayer is obliged to carry, unless proven otherwise.

Partial impact

In the case of equity elements that only partially serve the purpose of the activity, the impact will be considered limited to that part of the assets actually used in the activity in question.

In this regard, only those parts of the assets that are susceptible to a separate and independent use of the rest will be considered to be affected. Under no circumstances will indivisible equity elements be subject to partial impact.

Impairment and disaffection (Article 26,3 of the Act)

The impact of equity elements or the disaffection of fixed assets by the taxpayer will not constitute an alteration in equity, provided that the assets or rights continue to form part of their assets.

It will be understood that there has been no impact if the disposal of the assets or rights is carried out before three years have passed since it.

• Impact value (art.23.1 rgl.)

  The impact on economic activities of assets or rights of personal assets will be carried out by the acquisition value they had at that time.

• Impairment value (art. 23,2 of the Act)

  In the case of the Disaffectations of assets or rights relating to economic activities to personal assets, their carrying amount will be taken at the time of the disaffection, calculated in accordance with the amortisations that have been tax deductible, and in any case the minimum amortisation is computed.

Impact on an activity before 1/1/1999

When the capital element resulting from the capital gain or loss has been affected, after it was acquired, from the personal assets to an activity economic development by the taxpayer, and before January 1, 1999, the acquisition date corresponding to the impact will be taken as the date of acquisition.