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A query was raised regarding whether the donation of company shares that are not exempt from Wealth Tax can be treated as having no capital gain or loss for Income Tax purposes. The DGT ruled that, since the requirements for Wealth Tax exemption are not met, Article 33.3.c) of the Personal Income Tax Law (LIRPF) is not applicable.
This ruling clarifies that taxpayers cannot avoid Income Tax on capital gains from donations if the assets involved do not qualify for Wealth Tax exemptions.
The tax team reviews your specific situation.
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