In addition to the rules discussed so far, there are certain special rules that affect the following heritage elements:
1. Heritage elements updated under Royal Decree-Law 7/1996 or Law 16/2012
In the case of assets updated in accordance with the provisions of article 9 of Law 16/2012, of December 27, which adopts various tax measures aimed at consolidating public finances and promoting economic activity or , where applicable, in article 5 of Royal Decree-Law 7/1996, of June 7, the determination of the capital gain or loss obtained will be carried out in accordance with the following rules:
The difference between the acquisition price and the recorded amortizations corresponding to it will be reduced by the amount of the net increase in value derived from the update operations provided for in Law 16/2012, of December 27 or, where applicable, in Royal Decree-Law 7/1996, the positive difference thus determined being the amount of monetary depreciation.
The capital gain or loss will be the result of reducing the difference between the transfer value and the book value by the amount of the monetary depreciation referred to in the previous rule.
2. Intangible fixed assets (taxi license) transmitted in the autotaxi transport activity included in the objective estimation regime
Regulations: Additional Provision Seventh Law Personal Income Tax
Taxpayers who carry out the activity of transportation by autotaxi, classified in section 721.2 of the first section of the rates of the Tax on Economic Activities (IAE), who determine their net performance using the objective estimation method, will reduce the capital gains that occur. for the transfer of intangible fixed assets, when the transfer is motivated by permanent disability, retirement or cessation of activity due to restructuring of the sector or when, for other reasons, they are transmitted to family members up to the second degree.
Capital gains will be reduced according to the following rules:
The part of the profit that was generated prior to January 1, 2015 will be distinguished, understood as the part of the capital gain that proportionally corresponds to the number of days elapsed between the date of acquisition and December 31, 2014, both inclusive, with respect to the total number of days that it would have remained in the taxpayer's assets.
The part of the capital gain generated prior to January 1, 2015 will be reduced by applying the following percentages based on the number of years elapsed from the date of acquisition until December 31, 2014.
Until (years) More than (years) 1 1 2 3 4 5 6 7 8 9 10 11 12 Reduction 4% 8% 12% 19% 26% 33% 40% 47% 54% 61% 74% 87% 100%
Don JVC, taxi entrepreneur, who determines the net return of his activity using the objective estimation method, retired on January 10, 2021. For this reason and in order for his son to continue carrying out the activity, on that date he transferred his municipal license to him for 60,000 euros. The book value on the date of transfer of the municipal license, which was acquired on March 5, 2004, taking into account tax-deductible amortizations, is 12,000 euros.
Determine the amount of the reduced capital gain derived from said operation.
Transfer value: 60,000
Book value: 12,000
Capital gain (60,000 - 12,000) = 48,000
Capital gain generated until 12-31-2014 (1)
(48,000 ÷ 6,155) x 3,954 = 30,835.42
Applicable reduction (30,835.42 x 74%): 22,818.21
Computable capital gain (48,000.00 – 22,818.21) = 25,181.79
Note to example:
(1) Its determination is made in proportion to the number of days elapsed between the acquisition date (03-05-2004) and 12-31-2014, inclusive, which amounts to 3,954 days, with respect to the total number of days elapsed between the date of acquisition and that of the transmission (01-10-2021), excluding the latter since it is no longer part of the assets, which is 6,155 days. (Back)
3. Transmission of assets that have enjoyed freedom of amortization
Regulations: Thirtieth Additional Provision Law Personal Income Tax
In the cases of transfer in fiscal year 2021 of elements assigned to economic activities that have enjoyed the freedom of amortization for investments in elements of tangible fixed assets and real estate investments assigned to economic activities both with maintenance of employment (investments made in the years 2009 and 2010) as without the requirement of these requirements (investments made between January 1, 2011 and March 30, 2012), for the calculation of the capital gain or loss the acquisition value will not be reduced by the amount of tax-deducted amortizations that exceed those that would have been tax-deductible if the former had not been applied.
The aforementioned excess will be considered, for the transferor, as full performance of the economic activity in the tax period in which the transfer is made.