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V0565-23 10 March 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Sale of shares between spouses triggers capital gains or losses for Personal Income Tax purposes

A shareholder wishes to purchase 20% of the shares in a company currently owned by their spouse. The Directorate General for Tax (DGT) clarifies how the capital gain or loss must be calculated for Personal Income Tax (IRPF) purposes for the seller.

The question raised

Taxation of the acquisition in the Transfer Tax and Stamp Duty and the transfer value of the shares for the purpose of calculating the capital gain or loss in the Personal Income Tax.

The DGT's ruling

The transfer of social shares generates a capital gain or loss based on the difference between the acquisition value and the transfer value. The transfer value shall be the actual amount paid, provided it is proven to be what independent parties would have agreed upon under normal market conditions. If not proven, the transfer value may not be lower than the higher of the net equity of the last closed fiscal year or the result of capitalizing the average of the three previous fiscal years at 20%.

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