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V0046-23 16 January 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital mobiliario

Income and gains from shares are attributed to the legal owner

A taxpayer entered into an agreement with a third party to share dividends, the settlement amount, and the proceeds from the sale of their shares. The DGT ruled that both income and capital gains are attributed to the legal owner of the shares and that payments made to the third party are not deductible expenses.

The question raised

Taxation in the Personal Income Tax (IRPF) of the taxpayer regarding the aforementioned operation.

The DGT's ruling

Income from movable capital and capital gains or losses are attributed to the taxpayers who are the owners of the assets from which they derive, in accordance with the rules of legal ownership. Payments made to a third party under a joint venture agreement are not deductible as expenses for the administration and custody of dividends. Likewise, the benefit transferred to the third party cannot be considered an inherent expense of the transfer or acquisition of the holdings.

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