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V3094-17 ·29 November 2017 ·consulta-vinculante Medium impact
Tax

95% tax reduction for donations of shares to nephews and nieces is not applicable

A query was raised regarding whether the donation of shares in a commercial entity to nephews and nieces allows for the 95% reduction in Inheritance and Gift Tax. The Directorate General of Taxes (DGT) ruled that for donations (inter vivos transfers), the reduction applies only to spouses, descendants, or adoptees, thereby excluding nephews and nieces.

In 6 key points

How it affects those involved

The ruling clarifies that nephews and nieces do not qualify for the significant 95% tax reduction in gift tax scenarios, limiting the tax benefits to immediate family members.

Lifecycle

2017-11-29PublishedPublished 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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