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The taxpayer asks whether the donation of shares in their family business allows for the avoidance of capital gains tax under Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) rules that no capital gain or loss applies if the requirements for the reduction under Article 20.6 of the Inheritance and Gift Tax Law are satisfied.
This ruling provides legal certainty for family businesses regarding the tax treatment of share transfers, confirming that meeting specific inheritance and gift tax reduction criteria prevents the triggering of capital gains tax.
The tax team reviews your specific situation.
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