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V1099-22 19 May 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Dissolution of a company generates a capital gain or loss for the shareholder based on the value of assets received

A shareholder has enquired about the taxation of amounts and a credit right received following the dissolution and liquidation of their company. The DGT has ruled that the difference between the market value of the assets received and the acquisition value of the shares constitutes a capital gain or loss.

The question raised

How the amounts received must be taxed under Personal Income Tax.

The DGT's ruling

The dissolution and liquidation of the company entails a capital gain or loss for the shareholder pursuant to Article 33.1 of Law 35/2006. The amount is determined by the difference between the market value of the assets and rights allocated (cash and credit rights) and the acquisition value of the shares. This gain or loss is included in the savings tax base during the liquidation period. The subsequent collection of the allocated credit does not generate taxable income.

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