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V0264-21 16 February 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Sale of shares generates capital gains or losses subject to the savings tax base

A shareholder enquires about the taxation of the sale of their shares in a limited company. The DGT explains that the gain or loss is determined by the difference between the acquisition value and the transfer value, with specific rules for non-negotiable securities.

The question raised

Taxation of the transaction for the purposes of Personal Income Tax.

The DGT's ruling

The capital gain or loss is calculated by subtracting the acquisition value from the transfer value. For values not admitted to trading, the transfer value shall be the actual amount provided it is proven to be the market value; otherwise, it shall be the higher of the net equity of the last financial year or the result of capitalizing the average of the three previous financial years at 20%. The result is included in the savings tax base.

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