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V5466-26 ·12 August 2026 ·consulta-vinculante Medium impact
Tax

Transfer of assets from a company to its shareholder is a distribution of equity, not a donation

A local council, as the sole shareholder of a company, is considering receiving a donation of its rural properties. The DGT has ruled that the transaction does not constitute a donation due to the absence of 'animus donandi', but is instead a distribution of equity (reserves, share premium, or capital).

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2026-08-12PublishedPublished 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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