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V0267-18 7 February 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · condonación de deuda

Debt forgiveness by a partner to a company increases the acquisition value of their shares

A partner inquired about the tax treatment of forgiving a debt owed to her company to strengthen its equity. The DGT ruled that this contribution must be integrated into the acquisition value of the shares.

The question raised

Tax treatment of said operation in Personal Income Tax.

The DGT's ruling

The contribution by partners through the forgiveness of a loan must be integrated into the acquisition value of the shares, provided that the forgiven portion corresponds to the percentage of participation of each partner. For it to be considered a contribution to equity, it must be carried out without any right to reimbursement or consideration.

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