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V1089-22 18 May 2022 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · sialp

All SIALP returns are exempt if capital is not withdrawn before five years

The inquirer asks whether the exemption on SIALP returns is limited to the first €5,000 invested or if it applies to the entire capital. The DGT responds that the exemption applies to all positive returns, provided the five-year period is met without any withdrawals.

The question raised

Whether the exemption provided for in Article 7.ñ) of the IRPF Law is applicable to all returns from the SIALP or is limited to the first 5,000 euros invested.

The DGT's ruling

Positive returns on movable capital from a SIALP are exempt if the taxpayer does not make any disposal of the capital before the end of the five-year term from its opening. The exemption is not limited to the returns on the first 5,000 euros invested, as it is possible to make annual contributions of up to that amount during the term of the Plan.

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