The question arises as to whether dividends on shares acquired with community property money should be individualised.<\/p>\n\n\n\n
Firstly, the tax authorities state that, in order to resolve the question, they consider that the shares in question are considered to be community property.<\/strong><\/p>\n\n\n\n It is appropriate to attribute the capital gains (dividends) produced by the shares to the community of co-owners as the material owner, irrespective of who appears as the formal owner of the shares.<\/strong><\/p>\n\n\n\n Although formal ownership determines in principle the ownership of the person making the enquiry, this circumstance may be undermined if the existence of other owners,<\/strong> in this case the community of joint owners, is proven. This would mean attributing the securities that have given rise to the income from movable capital on a 50\/50 basis between <\/strong>the two spouses.<\/p>\n\n\n\n Capital gains are considered to be obtained by the owner<\/strong> of the assets from which they derive (real estate, securities, etc.).<\/p>\n\n\n\n Therefore, the income must be attributed to the owner or usufructuary.<\/strong><\/p>\n\n\n\n Similarly, expenses are deductible by the person to whom the income corresponds, provided that they are actually incurred on his or her account.<\/p>\n\n\n\n In order to determine the ownership of the assets<\/strong> (not the ownership of the income deriving from them), the following rules must be taken into account:<\/p>\n\n\n\nWe must remember the individualisation of yields<\/strong><\/h4>\n\n\n\n
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