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A taxpayer inquired whether they could apply the non-subjectivity rule for capital gains tax under Personal Income Tax (IRPF) when donating company shares to their children. The Directorate General of Taxes (DGT) ruled that the absence of a capital gain or loss will apply provided that the requirements set out in Article 20.6 of the Inheritance and Gift Tax Law are satisfied.
The tax team reviews your specific situation.
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