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V1221-17 18 May 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos en especie

The €12,000 exemption does not apply if share offers are limited to permanent employees

An employee inquired whether granting discounted shares meets the requirements for the annual exemption of up to €12,000. The Directorate General for Tax Affairs (DGT) ruled that it does not, as requiring a permanent contract prevents the offer from being made under the same conditions for all workers.

The question raised

Whether the exemption on the delivery of shares under Article 42.3.f) of the LIRPF is applicable.

The DGT's ruling

To apply the exemption for the delivery of shares, the offer must be made under the same conditions for all employees of the company. Although an equal minimum period of service may be required for all, the requirement of having a permanent contract means that the offer is not made under the same conditions for all personnel. Therefore, the exemption under Article 42.3.f) of the LIRPF cannot be applied in this case.

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