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V0158-23 6 February 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

The acquisition value of shares shall be the transfer value applied to the previous seller

The taxpayer asks which acquisition value should be used when selling shares in a non-listed company if the previous seller had their transfer value increased by the Tax Administration. The DGT responds that the value calculated according to Article 37.1.b) of the LIRPF must be used, as this value determines the acquisition value for the acquirer.

The question raised

Question posed In the event that said shares are transferred in the future, what shall be the acquisition value thereof for the purposes of calculating the capital gain or loss to be included in the Personal Income Tax.

The DGT's ruling

The acquisition value of the shares shall be the transfer value calculated in accordance with Article 37.1.b) of the LIRPF for the previous transferor. This value shall be applied without prejudice to any subsequent modification by a final judicial or administrative resolution. The Administration may issue provisional assessments based on assessments from previous periods, even if these have not become final.

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