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V0446-25 21 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Donor must hold shares for 10 years to qualify for IRPF exemption

The DGT confirms that a 10-year holding period set by state law must be met for exemption from capital gains tax on share donations.

The question raised

Question posed: Whether the application of said provision requires the donee to hold the shares for ten years as required by the Inheritance and Gift Tax Law, or for five years as required by regional regulations.

The DGT's ruling

The exemption from Personal Income Tax (IRPF) for the donor applies to the transfers referred to in Article 20.6 of Law 29/1987. Therefore, in order to avoid a capital gain, the donee must retain the acquired assets and be entitled to the exemption from Wealth Tax during the ten years following the donation. The requirements of regional regulations are irrelevant to this provision of the Personal Income Tax Law.

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