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V0260-21 ·16 February 2021 ·consulta-vinculante Medium impact
Tax

Transfer value of unlisted shares acquired by a company shall be market value or, failing that, the higher of net equity or capitalisation value

An individual has requested clarification on how to value the transfer of their shares to the company itself for the purpose of calculating capital gains. The DGT has ruled that the amount actually paid shall be used if it can be proven to be market value; otherwise, the value shall be the higher of the net equity value or the capitalisation value.

In 6 key points

How it affects those involved

This ruling provides certainty on the valuation methods for intra-company share transfers, ensuring that the tax base for capital gains is determined by market value or specific accounting metrics to prevent undervaluation.

Lifecycle

2021-02-16PublishedPublished 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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