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V1177-15 16 April 2015 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del capital mobiliario

Incentive retention and loyalty payments taxed as mobile capital income

The tax treatment of retention and loyalty payments following the repurchase of preferred shares is examined. The DGT determines that such payments are considered mobile capital income and are not part of the transfer value of the repurchased shares.

The question raised

Question posed: Tax treatment of the retention incentive and the loyalty payment for the beneficiary natural persons.

The DGT's ruling

Payments derived from the retention incentive and the loyalty plan must be classified as income from movable capital pursuant to Article 25.2 of Law 35/2006. As they do not form part of the transfer value of the securities subject to repurchase, they do not affect the quantification of the income derived therefrom. These payments are subject to withholding or payment on account. For non-residents, they are considered income obtained in Spanish territory, with the exemption applicable to residents in the European Union according to current regulations.

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