7. Transfers
Regulations: Art. 37.1.f) Law Personal Income Tax
Specific valuation standard
In cases of transfer, the capital gain will be computed in the transferor (lessee) for the amount corresponding to the transfer, once the amount corresponding to the owner for his participation in said transfer has been deducted.
When the right to 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 disposal has occurred more than three years prior to the date of the transfer.
Important: The amounts that, if applicable, the owner of the leased property receives as a participation in the transfer, constitute returns on real estate capital.
Example
Don MMA, carries out the restaurant activity in a rented premises on May 10, 2000, determining the net return of his activity by the objective estimation method.
During the month of August 2006, he carried out renovation works on the premises, paying the amount of 20,000 euros for this reason.
On June 25, 2021, on the occasion of his retirement, he transferred the business premises, receiving the amount of 28,500 euros, after deducting the amount corresponding to the landlord as a participation 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 of the premises cannot be considered as the price for acquiring the right of transfer, since these amounts were not paid to acquire the right of transfer which, according to the data in the example, was not acquired through a price. (Back)