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A taxpayer holding the usufruct of shares through a fideicommissary substitution requested guidance on calculating income from the distribution of a share premium reserve. The DGT ruled that the rule for reducing the acquisition value cannot be applied, and the full amount received must be taxed.
The ruling clarifies that usufructuaries cannot reduce the taxable base of distributions from share premium reserves by applying the acquisition value reduction rule, resulting in a higher tax burden on the full amount received.
The tax team reviews your specific situation.
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