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V1339-19 ·10 June 2019 ·consulta-vinculante Medium impact
Tax

Holdings granting at least 5% of voting rights are not treated as non-business assets under certain conditions

A query was raised regarding the application of reductions in Inheritance and Gift Tax following the donation of shares and its impact on Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) clarifies that for Wealth Tax exemptions, certain holdings are not counted as non-business assets if management requirements are met, and that the absence of capital gains for IRPF purposes depends on compliance with the requirements of the Inheritance and Gift Tax Law.

In 6 key points

How it affects those involved

This ruling clarifies the criteria for tax exemptions and reductions related to the transfer of business holdings, affecting both Wealth Tax and Personal Income Tax calculations.

Lifecycle

2019-06-10PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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