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A taxpayer over 65 inquired whether donating shares to his stepson would exempt him from paying personal income tax (IRPF) on capital gains. The Directorate General for Taxes (DGT) ruled that non-taxability applies if the requirements of Article 20.6 of the LISD are met, noting that regional regulations are irrelevant in this matter.
This ruling clarifies that the tax exemption for donations to certain relatives depends on compliance with national law (LISD) rather than regional tax rules, providing legal certainty for taxpayers over 65 regarding the transfer of business interests.
The tax team reviews your specific situation.
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