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Consultants inquired whether the forgiveness of a loan between two companies with common partners, and the transfer of a foreign company's registered office to Spain, have implications for their Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that loan forgiveness does not affect the partners' IRPF and that the transfer of a registered office does not result in capital gains or losses, provided the legal personality is maintained.
The ruling clarifies that inter-company debt forgiveness does not trigger tax liabilities for individual shareholders under Personal Income Tax, and confirms that relocating a company's headquarters to Spain is tax-neutral regarding capital gains if the legal entity remains intact.
The tax team reviews your specific situation.
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