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V1625-24 3 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The sale of shares in a limited company generates a capital gain or loss

A taxpayer has enquired about the taxation of the sale of their shares in a limited company. The DGT explains that the difference between the acquisition value and the transfer value must be calculated, applying specific rules for securities not admitted to trading on regulated markets.

The question raised

Taxation of said sale in the Personal Income Tax.

The DGT's ruling

The capital gain or loss is determined by the difference between the acquisition value and the transfer value. The transfer value shall be the actual amount paid, provided it is proven to correspond to the market value; otherwise, it shall be the higher of the net equity of the last closed fiscal year or the result of capitalizing the average of the results of the three previous fiscal years (after taxes) at a rate of 20%.

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