Skip to content
Back to index
V0555-22 18 March 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No capital gains tax in IRPF for share donations requires compliance with Art. 20.6 of the ISD Law

A query was raised regarding whether the exemption from capital gains tax in IRPF for corporate donations applies if the requirements of the Inheritance and Gift Tax Law are not met. The DGT ruled that the application of the IRPF rule strictly depends on fulfilling the requirements set out in Article 20.6 of the Inheritance and Gift Tax Law.

The question raised

Whether the provisions of Article 33.3.c) of the Personal Income Tax Law are applicable to a donation of company shares when the requirements provided for in Article 20.6 of the Inheritance and Gift Tax Law are not met.

The DGT's ruling

In order for there to be no capital gain or loss for Personal Income Tax (IRPF) purposes regarding lucrative transfers of companies or shares, the requirements of Article 20.6 of Law 29/1987 must be met. The applicability of the IRPF rule is linked to said requirements, and those established by regional regulations are irrelevant.

Book your free first meeting