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V0922-21 14 April 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · reducción de capital

Exit of a partner via capital reduction with asset delivery taxed as capital gain or loss

A partner wishes to withdraw from a company through a capital reduction involving the delivery of shares in another company. The DGT determines that, as the operation affects all of their holdings, the rules regarding the separation of partners apply.

The question raised

Question posed: Tax treatment of the aforementioned operation in the partner's Personal Income Tax.

The DGT's ruling

Upon the amortization of all the partner's shares through a capital reduction, Article 37.1.e) of the Personal Income Tax Law (LIRPF) applies. The income obtained is considered a capital gain or loss, calculated as the difference between the market value of the assets received and the acquisition value of the amortized shares. This prevails over the rule for income from movable capital as it is a more specific rule for the separation of partners.

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