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A shareholder requested clarification regarding the tax treatment of their company's dissolution under Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) ruled that the transaction constitutes a change in assets that must be taxed as a capital gain or loss.
Cuestión planteada Tratamiento fiscal de la disolución de la sociedad en el Impuesto sobre la Renta de las Personas Físicas del consultante.
La disolución y liquidación de una sociedad supone la obtención de una ganancia o pérdida patrimonial para los socios. Esta se determina por la diferencia entre el valor de mercado de los bienes y derechos recibidos y el valor de adquisición de la participación de capital. Dicha diferencia se integrará en la base imponible del ahorro.
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