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V0943-20 17 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No tax shall be due on capital gains in the donation of shares if the requirements of Art. 20.6 of the ISD Law are met

An administrator wishes to donate shares of his company to his daughter in order to retire and asks whether he can apply the Personal Income Tax (IRPF) exemption. The DGT responds that there will be no capital gain or loss if the requirements of Article 20.6 of the Inheritance and Gift Tax Law are met.

The question raised

Whether the provisions of Article 33.3.c) of the Personal Income Tax Law are applicable to the 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 the reduction in their own tax return, provided that the conditions of said regulation are met. Regional requirements do not affect the application of this IRPF criterion.

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