Capital gains and losses

The determination of the attributable income will be carried out in accordance with the rules of the PIT

Depending on whether the attributed capital gain or loss derives or not from the transfer of assets, the taxpayer must include it in his/her declaration as follows:

1. The tax base generates l the capital gains and losses that do not derive from the transfer of assets.
2. In the taxable savings base the capital gains and losses arising from the transfer of assets, regardless of their generation period.

In cases of transfer of a common asset, the amount of the capital gain or loss will be calculated by the entity with respect to each partner, heir, co-owner or participant taking into account their participation in the ownership of the asset or the real right over it by the difference between its acquisition and transfer values, applying, where appropriate, the ninth transitional provision of the Law of the PIT solely on the capital gains corresponding to those partners, heirs, co-owners or participants who had acquired prior to December 31, 1994, which requires them to communicate the information necessary to apply the new limit of 400,000 euros established by the aforementioned ninth transitional provision (limit that is individual).

The specialities relating to the application of the reduction coefficients to capital gains arising from transfers of unaffected assets acquired before 31 December 1994 are discussed in Chapter 11.

Note: For the calculation of income from capital gains derived from the transfer of elements not related to the development of economic activities, which must be attributed to the members of these entities, who are taxpayers of the Corporate Tax or taxpayers of the Non-Resident Income Tax with a permanent establishment or without a permanent establishment that are not natural persons, the reduction or abatement coefficients referred to in the ninth transitional provision of the Law of the PIT