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A query was raised regarding whether the presumption of no capital gains or losses applies to the donation of bare ownership of company shares to children. The DGT ruled that it is not applicable because the requirements for the reduction under the Inheritance and Gift Tax Act are not satisfied.
This ruling clarifies that the tax presumption of non-existence of capital gains in share donations is conditional upon meeting specific statutory requirements, preventing taxpayers from bypassing capital gains tax through improper donation structures.
The tax team reviews your specific situation.
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