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V2812-18 ·26 October 2018 ·consulta-vinculante Medium impact
Tax

No capital gain or loss shall be recognised on the donation of shares if the requirements of Article 20.6 of the ISD Law are met

A married couple over the age of 65 wishes to donate company shares to their son, who holds management positions but is not a shareholder. The DGT has ruled that no capital gain or loss will arise for Income Tax purposes if the requirements for the family business transfer reduction under Inheritance and Gift Tax are satisfied.

In 6 key points

How it affects those involved

This ruling provides tax certainty for family business successions, ensuring that transfers meeting specific criteria are exempt from Income Tax on capital gains.

Lifecycle

2018-10-26PublishedPublished 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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