When the sale occurs, the equity value (due to voluntary reserves) is , euros, and the share capital remains the same as when the company was established (, euros). The Buy Bulk SMS Service value of the shares in the deed of sale is , euros. Should this sale of the shares be declared in the joint income tax return? Is there an increase in assets, even though everything has been carried out within the community property regime? The individualization of income is included in article of the Personal Income Tax Law, establishing in section that “the income will be understood as obtained by the taxpayers depending on the origin or source of the income, whichever be, where appropriate, the economic regime of the marriage.
In turn, the following sections of the aforementioned article include the rules for individualizing returns and capital gains and losses , with section being where the rules for individualizing capital gains and losses are regulated, configuring them as follows: “The capital gains and losses will be considered obtained by the taxpayers who are owners of the assets, rights and other assets from which they arise according to the rules on legal ownership established for capital returns in section above.
Unjustified capital gains will be attributed based on the ownership of the assets or rights in which they are manifested.” For its part, the aforementioned section establishes the following: “The capital income will be attributed to the taxpayers who are owners of the assets, assets or rights from which said income comes according to the rules on legal ownership applicable in each case and based on the evidence provided by them or the evidence discovered.
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