8.2.4.1. General rules

Amount of capital gains or losses (art. 32 Law)

The amount of capital gains or losses from the assets assigned to an economic activity will be the difference between the acquisition value and the transfer value of the assets.

Acquisition value (art. 35.1.n) Law)

The acquisition value will be considered as the book value, taking into account any depreciation that would have been tax deductible, computing in all cases the minimum depreciation, regardless of its actual consideration as an expense. The minimum amortization will be considered as the result of the maximum amortization period or the corresponding fixed percentage, depending on each case.

Non-application of reduction coefficients

Capital gains arising from the transfer of assets used for economic activities will not in any case be subject to the reduction coefficients provided for capital gains arising from unaffected assets acquired before 31 December 1994.

For these purposes, assets assigned to economic activities will be considered those in which the de-assignment has not occurred more than three years prior to the date of transfer.

Assets affected by an economic activity (art. 29 Law; art. 22 Rgl.)

The following will be considered assets related to an economic activity carried out by the taxpayer, regardless of whether their ownership, in the case of marriage, is common to both spouses:

• The real estate in which the activity is carried out.

• Assets intended for the economic and sociocultural services of the personnel serving the activity.

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

They will not be considered affected elements

• Assets representing participation in an entity's equity and the transfer of capital to third parties

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

• Assets that are used simultaneously for economic activities and for private needs, unless the use for the latter is accessory and clearly irrelevant, with the exception of passenger cars and their trailers, mopeds, motorcycles, aircraft or sports or recreational vessels, except in the following cases:

  1. Mixed vehicles intended for the transport of goods.

  2. Those intended for the provision of passenger transport services for consideration.

  3. Those intended for the provision of driving or pilot training services for a fee.

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

  5. Those intended to be transferred for regular and onerous use.

  For these purposes, passenger cars, trailers, mopeds and motorcycles will be considered to be those defined as such in the Annex to Royal Legislative Decree 339/1990, of March 2, which approves the consolidated text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, and as of January 31, 2016 in the Annex to Royal Legislative Decree 6/2015, of October 30, as well as those defined as mixed vehicles in said Annexes and, in any case, those called all-terrain vehicles or "jeep" type.

• Assets that, being owned by the taxpayer, do not appear in the accounting or official records of the economic activity that the taxpayer is required to keep, unless proven otherwise.

Partial affectation

In the case of assets that only partially serve the purpose of the activity, the allocation will be understood to be limited to that part of them that is actually used in the activity in question.

In this sense, only those parts of the heritage elements that are susceptible to separate and independent use from the rest will be considered affected. In no case will indivisible assets be susceptible to partial allocation.

Assignment and disassignment (art. 26.3 Law)

The allocation of assets or the de-allocation of fixed assets by the taxpayer will not constitute an alteration of assets, provided that the assets or rights continue to form part of the taxpayer's assets.

It will be understood that there has been no affectation if the alienation of the assets or rights is carried out before three years have elapsed since this.

• Value of affectation (art.23.1 Rgl.)

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

• Disposal value (art. 23.2 Rgl.)

  In the case of the deregistration of assets or rights assigned to economic activities to personal assets, their book value at the time of deregistration will be taken, calculated in accordance with the depreciation that would have been tax deductible, computing in all cases the minimum depreciation.

Impact on an activity prior to 1-1-1999

When the asset that gives rise to the capital gain or loss has been allocated, after its acquisition, from personal assets to an economic activity carried out by the taxpayer, and prior to January 1, 1999, the acquisition date will be taken as the date corresponding to the allocation.