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Practical Income Manual 2021.

Negative delimitation

Regulations: Art. 33.3 Law Personal Income Tax

In certain cases, despite a change in the composition and value of the taxpayer's assets, the Personal Income Tax Law estimates that there is no capital gain or loss . These assumptions are the following:

  1. a) Reductions in share capital
  2. b) Lucrative transfers due to the death of the taxpayer
  3. c) Lucrative "inter vivos" transfers (donations) of companies or shares
  4. d) Extinction of the matrimonial property regime of separation of assets
  5. e) Contributions to protected assets of people with disabilities