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V1132-16 21 March 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo en especie

The €12,000 exemption for share transfers does not apply if the offer is not extended to all employees

A company with a merit-based ownership distribution system inquired whether it could apply the €12,000 tax exemption for the transfer of shares. The Directorate-General for Taxes (DGT) ruled that it cannot, as the offer is not made under the same conditions for all employees.

The question raised

Application, regarding income derived from the delivery of holdings in one's own company, of the 12,000 euro annual exemption provided for in Article 42.3 f) of the Personal Income Tax Law.

The DGT's ruling

To apply the exemption of up to 12,000 euros per year for the delivery of shares or holdings, the offer must be made under the same conditions for all employees of the company. In a system where only certain employees receive holdings based on their professional merit, this legal requirement is not met. Therefore, the exemption provided for in Article 42.3 f) of the LIRPF is not applicable.

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