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V1923-16 ·4 May 2016 ·consulta-vinculante Medium impact
Tax

Donation of company shares may be deemed a donation of real estate if intended to evade tax

The inquirer asks whether the donation of shares in companies with real estate assets is considered a donation of movable or immovable property. The DGT responds that, as a general rule, these are movable assets, unless the evasion requirements provided for in the Securities Market Law are met.

In 6 key points

How it affects those involved

This ruling clarifies the distinction between movable and immovable property in share donations, highlighting the risk of tax evasion scrutiny for companies with significant real estate holdings.

Lifecycle

2016-05-04PublishedPublished 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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