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V0939-25 27 May 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Reduction available on capital gain from pre-1994 share sales

The consultant asks how to calculate the capital gain or loss from the sale of shares acquired before 1994. The DGT explains that the transitional regime of the ninth transitional provision of the LIRPF must be applied to reduce the gain arising before 2006.

The question raised

How should the calculation of the capital gain or loss to be included in the Personal Income Tax be carried out.

The DGT's ruling

The capital gain or loss is determined by the difference between the acquisition and transfer values. For assets acquired before December 31, 1994, the ninth transitional provision allows for a reduction on the portion of the gain generated before January 20, 2006. The application of this reduction depends on whether the sum of the transfer value and previous results exceeds 400,000 euros.

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