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V2978-18 ·19 November 2018 ·consulta-vinculante Medium impact
Tax

Business transfer tax reduction requires donor to cease management functions

A query was raised regarding whether the 95% reduction in Inheritance and Gift Tax can be applied if the donor, after gifting their pharmacy, is hired as an assistant or auxiliary pharmacist. The DGT ruled that the donor must cease exercising management functions and receiving remuneration for them from the date of the transfer.

In 6 key points

How it affects those involved

This ruling clarifies the strict requirements for the business transfer tax reduction, emphasizing that the donor cannot maintain any management role or related compensation following the gift.

Lifecycle

2018-11-19PublishedPublished 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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