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A taxpayer has requested clarification regarding Personal Income Tax (IRPF) implications when donating the usufruct of family business shares to children or grandchildren. The Directorate General of Taxes (DGT) indicates that this lucrative transfer alters the composition of the taxpayer's assets and results in a change in net wealth.
This ruling clarifies that the separation of usufruct from bare ownership in corporate shares is a taxable event, requiring a calculation of capital gains or losses based on the difference between the acquisition and transfer values.
The tax team reviews your specific situation.
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