Skip to content
Back to index
V0258-22 14 February 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption requires acquisition of shares or holdings; treasury contributions are insufficient

The taxpayer asks whether a contribution by partners to a company's treasury is sufficient to apply the capital gains reinvestment exemption, or if a capital increase is required. The DGT rules that the exemption necessitates the acquisition of shares or social holdings.

The question raised

Whether for the application of the exemption regulated in Article 38.2 of the Personal Income Tax Law, it is sufficient to make a contribution from partners by entering it into the company's treasury, or whether it is necessary to carry out a capital increase by acquiring the corresponding social interests.

The DGT's ruling

The exemption requires that the reinvestment be carried out through the acquisition of shares or interests that meet the requirements of Article 68.1 of the Personal Income Tax Law. Contributions that materialize solely as income in the company's treasury, without entailing the acquisition of social interests, are not considered a reinvested amount for the purpose of the exemption.

Book your free first meeting