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V1600-17 21 June 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Contribution of a loan to a company without consideration increases the acquisition value of shares

Taxpayers contributed a loan held against a company to strengthen its equity. The DGT has determined that this contribution must be included in the acquisition value of the shares.

The question raised

Tax treatment of said operation in Personal Income Tax and the acquisition value of the shares.

The DGT's ruling

The contribution of a credit held by the partner against the company, made without consideration, must be included in the acquisition value of the entity's shares. This classification is due to the fact that accounting regulations equate contributions by partners without consideration to equity. For it to be considered part of equity, the contribution must be made without a right to its return or without agreeing upon any consideration.

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