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V0765-16 ·25 February 2016 ·consulta-vinculante Medium impact
Tax

Income Tax exemption may apply to the donation of company shares if Inheritance, Gift, and Wealth Tax requirements are met

A father intends to donate shares in a limited company to his son, who is already a shareholder and holds a management position. The Directorate General of Taxes (DGT) has ruled that if the requirements for exemption under Wealth Tax and the conditions of the Inheritance and Gift Tax Law are satisfied, the exemption under Personal Income Tax (IRPF) is applicable.

In 6 key points

How it affects those involved

This ruling provides legal certainty for family business successions, confirming that meeting specific tax requirements for gifts and wealth can also trigger income tax exemptions on capital gains.

Lifecycle

2016-02-25PublishedPublished 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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