7. Transfers
Regulations: Art. 37.1.f) Law Income Tax
Specific valuation standard
In the event of a transfer, the capital gain will be computed in the transferor (tenant) for the amount that corresponds to him in the transfer, once the amount corresponding to the owner for his participation in said transfer has been deducted.
When the right of transfer has been acquired through a price, this will be considered the acquisition price.
The reduction or abatement coefficients of the transitional regime are not applicable when dealing with affected assets in these cases, unless the de-affectation has occurred more than three years prior to the date of the transfer.
Important: Any amounts that the owner of the leased property receives as a share in the transfer constitute income from real estate capital.
Example
Mr. MMA, operates a restaurant in a rented premises on May 10, 2000, determining the net income from his activity using the objective estimation method.
During the month of August 2006, he carried out renovation work on the premises, paying the sum of 20,000 euros for this purpose.
On June 25, 2021, due to his retirement, he transferred the business premises, receiving the amount of 28,500 euros, after deducting the amount corresponding to the landlord as a share in the transfer.
Determine the amount of capital gain obtained as a result of the transfer of the business premises.
Solution :
- Amount corresponding to the transfer: 28,500
- Purchase price (1): 0
- Capital gain obtained = 28,500
Note to example:
(1) The renovation works on the premises cannot be considered as the purchase price of the transfer right, since these amounts were not paid to acquire the transfer right, which, according to the data in the example, was not acquired by means of a price. (Back)