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V1145-16 ·21 March 2016 ·consulta-vinculante Medium impact
Tax

Exemption from Income Tax on share donations does not apply if the donor is under 65 or lacks incapacity

A taxpayer inquired whether the donation of shares in three companies could be exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that to avoid a capital gain or loss, the requirements set out in the Inheritance and Gift Tax must be met.

In 5 key points

How it affects those involved

This ruling clarifies that the tax neutrality of share donations depends on meeting specific criteria under Inheritance and Gift Tax law, particularly regarding the donor's age or disability status, to avoid triggering Income Tax liabilities.

Lifecycle

2016-03-21PublishedPublished 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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