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V0884-24 ·23 April 2024 ·consulta-vinculante Medium impact
Tax

Dividends from Spanish shares taxed only in resident country if shareholding below 25%

A French tax resident asks whether selling shares in a Spanish company is subject to Spanish tax. The DGT rules that since the shareholding is not substantial and the company's assets are not predominantly immovable, the income is only taxable in France.

In 6 key points

How it affects those involved

Tax residents of other countries may not be subject to Spanish income tax on capital gains from Spanish companies if their shareholding is below 25% and the company is not primarily real estate-based.

Lifecycle

2024-04-23PublishedPublished 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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