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V0259-18 7 February 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Acquisition value of shares shall be the transfer value calculated under Art. 37.1.b IRPF

The taxpayer asks which acquisition value should be applied to their shares if the previous sellers received settlements that increased their transfer value according to the law. The DGT rules that this calculated transfer value must be used, although it may be subject to change if a subsequent final resolution is issued.

The question raised

In the event that the taxpayer transfers their shares, 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 corresponding to the acquirer pursuant to Article 37.1.b of the Personal Income Tax Law (LIRPF). This value is determined by the higher of the net equity or the capitalization of earnings, unless evidence is provided that the actual amount is the market value. The taxpayer must apply said value, without prejudice to its subsequent modification by a final judicial or administrative resolution.

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