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V0223-24 ·28 February 2024 ·consulta-vinculante Medium impact
Tax

95% Gift Tax reduction unavailable without Wealth Tax exemption

Consultants inquired whether donating shares in a real estate leasing company allows for a 95% reduction in Inheritance and Gift Tax. The DGT ruled that this is not applicable as the requirements for exemption from Wealth Tax are not met.

In 6 key points

How it affects those involved

This ruling limits the tax benefits available for transferring business shares, specifically when the company's primary activity is real estate leasing rather than an active economic business.

Lifecycle

2024-02-28PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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