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V2824-18 ·26 October 2018 ·consulta-vinculante Medium impact
Tax

No capital gain or loss on the donation of shares if requirements of Art. 20.6 of the IHT and Gift Tax Act are met

A taxpayer requested clarification regarding Personal Income Tax (IRPF) treatment for the donation of company shares to their children. The Directorate General for Taxes (DGT) ruled that no capital gain or loss will arise provided the requirements set out in Article 20.6 of the Inheritance and Gift Tax Act are satisfied.

In 6 key points

How it affects those involved

This ruling provides legal certainty for taxpayers donating company shares to descendants, confirming that such transfers can be exempt from capital gains tax if specific statutory conditions are met.

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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