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V0599-24 ·9 April 2024 ·consulta-vinculante Medium impact
Tax

95% Inheritance and Gift Tax reduction not applicable to share transfers in this case

A taxpayer queried whether donating shares in a real estate leasing company allows for a tax reduction. The DGT ruled that this is not possible because the company does not carry out an economic activity as defined by Income Tax requirements.

In 6 key points

How it affects those involved

The ruling limits the scope of tax relief for family businesses, clarifying that mere property leasing through a company does not qualify as an economic activity for the purpose of applying the 95% reduction on share transfers.

Lifecycle

2024-04-09PublishedPublished 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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