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V3006-17 ·20 November 2017 ·consulta-vinculante Medium impact
Tax

Economic rights compensation cannot be included in the transfer or acquisition value of shares

A taxpayer inquired whether compensation paid to a lender for economic rights or dividends on shares taken under a securities lending arrangement can be included in the calculation of capital gains or losses. The Directorate General for Taxes (DGT) ruled that these amounts cannot form part of the acquisition or transfer values, nor can they be deducted as expenses.

In 6 key points

How it affects those involved

This ruling clarifies that costs related to the compensation of economic rights in securities lending transactions are not tax-deductible and cannot be used to adjust the cost basis of the shares.

Lifecycle

2017-11-20PublishedPublished 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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