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V0895-25 26 May 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia o pérdida patrimonial

No capital gain or loss on share donation if article 20.6 of the ISD law is met

A couple asks whether donating company shares to their daughter avoids capital gains tax. The DGT states that exemption applies if article 20.6 of the Successions and Donations Tax Law is fulfilled.

The question raised

Taking into account that both spouses are over 65 years of age, it is questioned whether Article 33.3.c) of the Personal Income Tax Law would be applicable to the aforementioned donation.

The DGT's ruling

In order for there to be no capital gain or loss in the transfer of shares, the requirements of paragraph 6 of Article 20 of Law 29/1987 must be met. It is irrelevant whether the donee applies or not the reduction in the Inheritance and Gift Tax, provided that said requirements are met. In this case, the donee shall be subrogated to the values and acquisition dates of the donor.

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