Skip to content
Back to index
V1588-19 27 June 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · escisión

Acquisition value of shares must be distinguished based on whether the special regime for demergers was applied

The applicants enquire how to calculate the acquisition value of shares in company B, received in a previous demerger, for the purpose of a new demerger. The DGT explains that, as the special regime for mergers and demergers was only partially applied, the acquisition value must be split into two components.

The question raised

Acquisition value of the shares in company B that the applicants must take into account for the calculation of capital gains or losses in Personal Income Tax as a consequence of this new demerger.

The DGT's ruling

The acquisition value of the shares in company B must be divided into two parts. The part corresponding to the assets to which the special regime was applied maintains the date and value of the shares of company A that were amortized. The remaining part shall have the date of the demerger as its acquisition date, and its value shall be determined according to the proportion of the market value of the asset pool to which said regime was not applied.

Book your free first meeting