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V1252-18 14 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos en especie

Exemption of up to €12,000 for share awards does not apply if the offer is not extended to all employees

An employee inquired whether the provision of discounted shares to workers with more than five months of service and a minimum 20-hour work week qualifies for tax exemption. The Directorate General for Taxes (DGT) ruled that because the offer is not made under the same conditions for all employees, the exemption cannot be applied.

The question raised

Whether the exemption on the delivery of shares under article 42.3.f) of the Personal Income Tax Law is applicable.

The DGT's ruling

To apply the exemption of up to 12,000 euros per year for the delivery of shares, the offer must be made under the same conditions for all workers. Although requiring the same minimum seniority for all does not breach the requirement, the fact of limiting the offer to workers with a minimum working week of 20 hours prevents compliance with the regulations. Therefore, the exemption provided in article 42.3.f) of the LIRPF is not applicable.

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