7.6.1.3. Temporary attribution

General rule

Capital gains and losses will be attributed to the tax period in which the change in assets occurs.

Special rules

1. Income pending court ruling : When all or part of an income has not been paid, because the determination of the right to its collection or its amount is pending a judicial resolution, the unpaid amounts will be charged to the tax period in which the payment becomes final.

2. Deferred price or installment transactions : In the case of installment or deferred price transactions, the taxpayer may choose to proportionally allocate the income obtained from such transactions as the corresponding payments become due. Transactions with deferred payment or installment payments shall be considered to be those whose price is received, in whole or in part, through successive payments, provided that the period between delivery or availability and the expiration of the last installment is greater than one year.

   When the payment of an operation in installments or with a deferred price has been carried out, in whole or in part, through the issuance of exchange bills and these are transferred definitively before their maturity, the income will be imputed to the tax period of its transfer.

   In no case will operations derived from life annuity or temporary annuity contracts be treated in this way for the transferor.

   When assets and rights are transferred in exchange for a life or temporary annuity, the capital gain or loss for the annuitant will be attributed to the tax period in which the annuity is established.

3. Foreign currency exchange differences: Any positive or negative differences that occur in accounts representing foreign currency or foreign currency balances, as a result of changes in their quotations, will be charged at the time of collection or payment.

4. Public aid: Capital gains derived from public aid will be attributed to the tax period in which they are collected, without prejudice to the options included in sections e) f) g) and h).

5. Public aid for structural defects : Public aid received as compensation for structural defects in the construction of a habitual residence and intended for its repair may be imputed in quarters, in the tax period in which it is obtained and in the three following periods.

6. Public aid for first-time access to home ownership (AEDE): when public aid is received included in the scope of state plans for first-time access to home ownership, received by taxpayers through a single payment in the form of Direct State Entry Aid (AEDE), it may be imputed in quarters in the tax period in which it is obtained and in the following three.

7. Public aid for the conservation and rehabilitation of assets of cultural interest. Public aid granted by the competent Administrations to the owners of assets comprising the Spanish Historical Heritage registered in the General Register of Assets of Cultural Interest referred to in Law 16/1985, of June 25, on the Spanish Historical Heritage, and intended exclusively for their conservation or rehabilitation, shall be imputed in quarters in the tax period in which they are obtained and in the following three periods, provided that the requirements established in said Law are met, in particular with regard to the duties of visiting and public exhibition of said assets.

8. Public aid for the first installation of young farmers provided for in the National Framework for Rural Development of Spain that is intended for the acquisition of a share in the capital of corporate agricultural companies may be imputed in quarters, in the tax period in which they are obtained and in the following three.

9. Overdue and uncollected credits: Losses may be charged to the tax period in which any of the following circumstances occur:

   1. That a reduction established in a judicially approved refinancing agreement or an extrajudicial payment agreement referred to in Law 22/2003 becomes effective. of July 9, Bankruptcy.

   2. That when the debtor is in bankruptcy, the agreement in which a reduction is agreed upon in accordance with the provisions of Law 22/2003, of July 9, Bankruptcy, becomes final, in which case the loss will be computed by the amount of the reduction.

   3. That a period of one year has elapsed since the start of the judicial procedure other than bankruptcy that has as its object the enforcement of the credit without it having been satisfied. The one-year period will only be taken into account when it ends on or after 1 January 2015, so there is no charge to amounts owed from previous years in which the one-year period had expired before that date.

In the event that the taxpayer loses his status due to a change of residence, all income pending imputation must be integrated into the tax base corresponding to the last tax period to be declared for this Tax, under the conditions established by regulation, carrying out, where appropriate, a supplementary self-assessment, without penalty or late payment interest or any surcharge.

In the event of the taxpayer's death, all income pending imputation must be included in the tax base of the last tax period to be declared.