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V0968-21 ·19 April 2021 ·consulta-vinculante Medium impact
Tax

Donation of company shares is not subject to Urban Land Value Increment Tax

A query was raised regarding whether the donation of shares in a company that owns urban real estate is subject to the IIVTNU. The DGT ruled that no taxable event occurs because the land itself is not being transferred, but rather the company's capital.

In 5 key points

How it affects those involved

This ruling clarifies that the transfer of ownership in a company does not trigger tax on the value increase of the underlying urban land, as the legal subject of the transfer is the shareholding and not the real estate property.

Lifecycle

2021-04-19PublishedPublished 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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