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V0709-22 1 April 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · aportación no dineraria

Contributions retain original value and acquisition date for income tax calculation

Three brothers ask how to value shares contributed to a new entity. The DGT clarifies that if the special LIS regime applies, new shares retain the original value and acquisition date.

The question raised

1.) Acquisition and transfer value of the shares intended to be contributed to the company for the purpose of calculating capital gains in Personal Income Tax (IRPF).

The DGT's ruling

In Personal Income Tax (IRPF), if the shares were received through a non-monetary contribution under the special regime of the Corporate Income Tax Law (LIS), the values received shall be valued at the tax value of the assets contributed. These values shall retain the acquisition date of the contributed elements. Regarding VAT and Transfer Tax (ITPAJD), the transfer of securities is exempt unless an intent to evade real estate taxes is demonstrated.

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