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A query was raised regarding whether the donation of shares in a family company from a son to his mother could be exempt from Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) ruled that the requirement to transfer assets to a spouse, descendants, or adoptees is not met.
The ruling clarifies that donations between parents and children do not qualify for the specific tax exemption applicable to business transfers, as the legal requirements for the recipient's relationship to the donor are not satisfied in this specific context.
The tax team reviews your specific situation.
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