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V1133-24 23 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo en especie

Loss of exemption for share delivery if shares not held for three years

A worker inquired about the tax treatment of shares acquired through exercise of purchase options. The DGT clarifies that the exemption of up to 12,000 or 50,000 euros cannot apply if the shares are not held for the minimum three-year period.

The question raised

Question raised: Taxation under Personal Income Tax.

The DGT's ruling

The exercise of stock options is classified as income in kind from employment, valued by the difference between the market value and the price paid. To apply the exemption for the delivery of shares, it is a mandatory requirement to hold the securities for at least three years. If this period is not met, the right to the exemption is lost. Likewise, to apply the 30% reduction for income with a generation period exceeding two years, that time must have elapsed between the granting and the exercise of the option.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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