Positive delimitation

Regulations: Art. 33.1 and 2 LawPIT

In accordance with article 33.1 of the Law of PIT Capital gains and losses are the variations in the value of the taxpayer's assets that become apparent on the occasion of any alteration in the composition of the latter, unless they are classified as income by this Law.

From this definition it can be concluded that, for a capital gain or loss to occur, the following requirements must be met, which we will now analyze:

1. 1. Existence of an alteration in the composition of the taxpayer's assets
2. 2. That as a consequence of said alteration there is a variation in the value of the taxpayer's assets.
3. 3. That there is no legal rule that expressly exempts said gain from taxation or makes it taxable as income.