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V0969-24 ·9 May 2024 ·consulta-vinculante Medium impact
Tax

The €12,000 exemption does not apply if the share scheme excludes the management team

An employee inquired whether the granting of discounted shares is exempt from Personal Income Tax (IRPF) if the scheme excludes executives. The Directorate General for Taxes (DGT) ruled that the requirement to offer the scheme under the same conditions to all company employees is not met.

In 5 key points

How it affects those involved

Companies implementing share incentive schemes must ensure that the terms and conditions are applied uniformly across all staff levels to qualify for the tax exemption. Excluding management or specific groups may disqualify the entire scheme from the €12,000 tax relief.

Lifecycle

2024-05-09PublishedPublished 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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