3.2. Calculation of the value of all transfers made from January 1, 2015 for the limit of 400,000 euros
The transfer value of all the assets to whose capital gain this regime would have been applicable, transferred from January 1, 2015 to the date of transmission of the assets (not including the value of the latter), is calculated.
Once calculated, the following situations must be taken into account:
A. Transmission value greater than 400,000 euros
If this value is greater than 400,000 euros, no reduction will be made in the gain derived from the transfer of the property, even if there is a part of the capital gain generated prior to January 20, 2006.
Keep in mind:
To determine whether or not 400,000 euros are reached, the transfer values corresponding, among others, to the capital gains originated by the transmission of the following assets not affected by economic activities, will not be taken into consideration:
- The transmission values corresponding to acquisitions made after December 30, 1994, as the abatement coefficients are not applicable.
- The transfer values corresponding to transfers that have caused a capital gain not subject to tax by virtue of the provisions of article 33 of the Personal Income Tax Law or that are exempt from it or in the case of partial exemption due to reinvestment, will only be excluded the transfer value that was subject to reinvestment.
The transfer values corresponding to transfers of shares or participations listed on official markets acquired prior to December 31, 1994 when their acquisition value is higher than the value for the purposes of the 2005 Wealth Tax, given that In that case the abatement coefficients would not be applied.
B. Transfer value less than 400,000 euros
If the transfer value referred to in the previous section is less than 400,000 euros, said value and the transfer value of the asset element will be added, differentiating the following situations depending on the result:
That the sum is less than 400,000 euros
In this case, the part of the capital gain generated prior to January 20, 2006 will be reduced by the amount resulting from applying the percentages indicated in number 4 below, for each year of permanence in the assets of the taxpayer from its acquisition until December 31, 1996 that exceeds two.
That the sum is greater than 400,000 euros
In this case, the reduction will be made to the part of the capital gain generated prior to January 20, 2006 that proportionally corresponds to the part of the transfer value of the capital element that, added to the amount of number 2 above, does not exceed 400,000 euros.
Important: If during the financial year transfers have been made to which the ninth transitional provision of the Personal Income Tax Law is applicable, the additional data requested in section F2 of the declaration must be completed, indicating the transfer value of all the assets at whose gain assets would have been applicable to this regime, transmitted from January 1, 2015 until the date of transmission of the asset element (not including the value of the latter).
VT1: Accumulated transfer value corresponding to all the assets to whose capital gains this regime would have been applicable, transmitted from 01-01-2015 until the date of transmission of the assets to whose gains the DT is to be applied. 9 Personal Income Tax Law .
VT2: Transfer value of the asset element with respect to whose gain the reduction is calculated.
|Situations||Application of abatement coefficients|
|VT1 > 400,000||No reduction will be made.|
|(VT1 + VT2) < 400,000||The corresponding reducing percentages will be applied to the total amount of the capital gain generated prior to January 20, 2006 corresponding to the asset element that is transferred.|
|VT1 + VT2 > 400,000 and, VT1 < 400,000||The corresponding reducing percentages will be applied to the amount of capital gain generated prior to January 20, 2006 that proportionally corresponds to the difference between 400,000 and (VT1 + VT2).|
Note: The limit of 400,000 euros applies not to the transfer value of each asset, but to the set of transfer values of all assets to which the reduction coefficients have been applied from January 1, 2015 to date. of the temporary imputation of capital gain. That is, it is a joint limit for all assets, regardless of whether the transmission of each of them occurs at different times.
- The limit of 400,000 euros is individual, so it is computed for each taxpayer for the part of the transfer value that corresponds to the elements transmitted as of January 1, 2015, depending on whether the ownership of the element is private or joint.
- The taxpayer may apply the ninth transitional provision to the capital gains derived from the transfers that he considers appropriate and in the order that he deems appropriate. Now, once the taxpayer decides to apply the ninth transitional provision on the capital gain derived from the transfer of a property element, he must apply it to the maximum possible amount taking into account the aforementioned limit of 400,000 euros, without, therefore, , there is the possibility of applying it exclusively to the part of the transfer value of the asset element that the taxpayer determines. That is, partial applications do not fit into each transmission considered individually.
The application of the ninth transitional provision must be carried out independently for each of the transmissions that take place during the year.
Therefore, in the event that different transfers of shares or participations that are considered homogeneous securities occur during the tax period, it must be determined whether the provisions of the aforementioned provision could apply to each of the transfers. transient.