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V1583-24 1 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Voluntary contributions to equity increase the acquisition value of shares upon company dissolution

A query was made regarding the tax treatment under Personal Income Tax (IRPF) and Transfer Tax and Stamp Duty (ITPAJD) concerning the dissolution of a company holding real estate. The Tax Agency ruled that non-reciprocal contributions by partners increase the acquisition value for calculating capital gains and that the dissolution is subject to ITPAJD.

The question raised

Tax treatment of said operation in the Personal Income Tax and in the Transfer Tax and Stamp Duty.

The DGT's ruling

In the dissolution of companies, the capital gain or loss of the partners is the difference between the market value of the assets received and the acquisition value of their shares. Voluntary contributions to equity, made without right to refund or consideration, must be included in the acquisition value of the shares. Regarding the ITPAJD, dissolution is a corporate transaction subject to a rate of 1 per 100 on the value of the assets received.

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