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V0237-16 21 January 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · reducción por donación de participaciones

Tax reduction for donation of shares applicable even if donor holds management positions in other subsidiaries

The Spanish Tax Agency (DGT) has been consulted on whether the tax reduction for the donation of shares in a holding company applies when the donor continues to hold management positions in other group companies. The DGT ruled that the reduction is applicable provided all legal requirements are met, and that the donor's management roles in other group entities do not affect eligibility.

The question raised

Question posed: Application of the regional regulations of Catalonia. Confirmation that the requirements for the application of the reduction provided for in Article 20.6 of the Inheritance and Gift Tax Law are met, even if the donor continues to perform management functions in subsidiary companies of the holding entity

The DGT's ruling

The reduction provided for in Article 20.6 of the LISD is applicable to the donation of shares in a holding company, provided that the requirements of said article are met. The fact that, following the donation, the donor performs management functions in other entities of the business group other than the donated one does not affect the applicability of the reduction. For non-EU resident donees, the regional regulations of the Community where the movable assets (the shares) have been located for the majority of the time in the last five years shall apply.

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What is published here, applied to a company or a specific case. The first meeting is free.

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