1. Existence of an alteration in the composition of the taxpayer's assets

As an example, the following constitute alterations in the composition of the assets of the taxpayer:

• Onerous or lucrative transfers of assets or rights. Examples of the former include sales of homes, commercial premises, parking spaces, rural properties, shares, etc. and, among the latter, inheritances, legacies and donations.
• The incorporation into the taxpayer's assets of money, assets or rights that do not derive from a prior transfer. This is the case, among others, of obtaining prizes of any kind, whether cash or in kind, subsidies, etc.
• The exchange of goods or rights.
• Duly justified losses in assets.

On the contrary, the Law considers that there is no alteration in the composition of the assets and, therefore, there will be no capital gain or loss in the following operations, provided that the award corresponds to the respective ownership share:

1. Division of the common thing.
2. Dissolution of the community property or termination of the matrimonial economic regime of participation.

3. Dissolution of community property or separation of commoners.

   Excess allocation in the dissolution of property communities or separation of co-owners

   In order for the exercise of the action for division of the common property or the dissolution of the community of property not to entail an alteration in the composition of the estate, it is necessary that the awards made when the joint ownership is dissolved or when the condominium is extinguished correspond to the share of ownership, since, in the event that one of the co-owners or commoners is awarded assets or rights worth more than that corresponding to their share of ownership, there will be an alteration in the assets of the other co-owner(s) or commoners, which may generate, where appropriate and depending on the variations in value that the property may have experienced, a capital gain or loss.

   In these three cases (division of common property, dissolution of the community property or termination of the matrimonial economic regime of participation and dissolution of community property or separation of co-owners) the values of the assets or rights received cannot be updated, so they will retain their original values and dates of acquisition.

4. Likewise, in accordance with the provisions of the Eighteenth Additional Provision of Law 62/2003, of December 30, on fiscal, administrative and social order measures ( BOE of 31), it will be estimated that there is no alteration in the composition of the assets in the delivery of the securities on loan or in the return of other homogeneous securities at the maturity of the loan in the terms and with the requirements established in the aforementioned Additional Provision.

   Please note that Law 27/2014, of November 27, on Corporate Tax ( BOE of the 28th), has repealed, with regard only to said tax, with effect from January 1, 2015, section 2 of the Eighteenth Additional Provision of Law 62/2003, of December 30, which establishes the tax regime applicable to securities lending operations. Therefore, the tax treatment provided for in the aforementioned Eighteenth Additional Provision of Law 62/2003 when the lender or borrower is a taxpayer for the IRPF remains in force.

Note: regarding the excesses of adjudication in the dissolution of property communities or separation of commoners the Resolution of the Central Economic-Administrative Court (TEAC) of June 7, 2018, in unification of criteria, must be taken into account, whose criteria are collected in the summary table which can be accessed at the end of chapter .