Beyond deciding who will keep custody of the children or sell the family home, in a divorce you must also be prepared for the tax obligations that end the marriage.
A process of separation or divorce not only implies a great emotional impact for the whole family. It is also a procedure that can have important economic and patrimonial consequences for its members.
In this sense, before materializing the rupture of the couple, it is convenient to properly assess the decisions that are going to be taken to protect the interests of both.
For this reason, if you are currently in the process of separating, you must bear in mind that you will have to face certain taxes when ending the relationship. To avoid unpleasant and unforeseen surprises, I tell you everything you should consider at a fiscal level.
THE INCOME TAX ON INDIVIDUALS (IRPF)
As part of the divorce process, you must make the distribution of the different assets, rights and obligations of which you are holders jointly. If you make this distribution according to the quotas that correspond to each one, there will be no loss or patrimonial gain for any. Therefore, this will not have an impact on the IRPF.
On the other hand, if one of the two obtains goods or rights for a value greater than the corresponding share, it will obtain a capital gain and, consequently, it must include it in the IRPF declaration.
The compensatory pension
In the event that a compensatory pension is established, the person who pays said remuneration may reduce it from the tax base of his or her income tax, always within the limits imposed in the judicial decision or the regulatory agreement. You will also have the option that the amounts paid will be deducted from your remuneration when calculating the IRPF withholding on your payroll.
For this reason, if it is your case, it is convenient that you communicate it to your company. On the other hand, the member of the couple receiving the pension must declare the amounts obtained as income from work. Thus, the total amount will be integrated into the general income base and will not be subject to withholding.
The alimony Also, in case one of the two pays a food pension for the children, this can not reduce the taxable income of the IRPF.
THE TAX ON ONEROUS TRANSMISSIONS
Depending on whether you married in a regime of property or separation of assets, tax obligations will also vary.
Marriage in a community
In case you divide your belongings in equal parts (with the same economic value), you can be exempt from paying taxes for what is known as Onerous Transmissions (TPO) and Documented Legal Acts (AJD).
But if there are indivisible goods or that they lose value by dividing themselves, whoever stays with them must compensate the other in cash. Otherwise, we would be before a donation and should be taxed according to the Inheritance and Donations Tax (ISD). If instead of money, this compensation is made through the donation of a private property, it should be taxed by TPO.
Marriage in regime of separation of assets
If there are common goods and they are distributed in an equitable way, the taxation by Onerous Patrimonial Transmissions could be avoided. However, said distribution is not exempt from the application of the Tax on Documented Legal Acts.
In the event that these assets are distributed unequally, the member of the couple that receives a larger amount must pay the economic compensation for TPO.
THE MUNICIPAL TAX ON THE INCREASE IN THE VALUE OF URBAN LAND
Regardless of the matrimonial regime that is dissolved (nullity, divorce or separation), the cash compensation for the change of ownership of a property will constitute a transfer of property rights and, therefore, will be subject to the Municipal Tax on the Increase in Value of the Land of Urban Nature.
On the other hand, if this transfer is made through a court ruling, it will be exempt from this tax, also known as municipal capital gain.
As you see, there are many taxes involved in a process of separation or divorce. Therefore, it is important that you can clarify all your doubts before making decisions, as each case is different and even in the information presented above there may be many nuances.