Skip to content
Back to index
V1608-15 26 May 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · aportación no dineraria

Contributing shares to a new company creates capital gain or loss in personal income tax

A consultant and their son plan to contribute shares from a company to a newly established enterprise. The DGT explains how to calculate capital gain or loss and outlines the requirements to apply the special regime for non-cash contributions.

The question raised

Taxation of the non-monetary contribution in the Personal Income Tax (IRPF) corresponding to the partners and the possible application of the special regime regulated in Chapter VII of Title VI of the Corporate Income Tax Law.

The DGT's ruling

The contribution of shares implies a variation in equity that is classified as a capital gain or loss. The transfer value is determined by the difference between the acquisition value and the higher of three values: the nominal value plus share premiums, the market quotation value, or the market value. To apply the special regime for non-monetary contributions, requirements such as the residence of the receiving entity, a minimum participation of 5% in equity, and the uninterrupted ownership of the shares during the previous year must be met.

Book your free first meeting