Positive delimitation

Regulations: Art. 33.1 and 2 Law PIT

In accordance with article 33.1 of the Law of PIT Capital gains and losses are changes in the value of the taxpayer's assets that become apparent due to any change in their composition, unless they are classified as income by this Law.

From this definition it can be concluded that, for a capital gain or loss to occur, the following requirements must be met, which are analyzed below:

1. 1. Existence of an alteration in the composition of the taxpayer's assets
2. 2. That as a consequence of said alteration there is a variation in the value of the taxpayer's assets.
3. 3. That there is no legal rule that expressly exempts said gain from taxation or makes it taxable as income.