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A query was raised regarding whether the transfer of pledged shares to a third party to settle a bank debt carries a specific tax treatment. The DGT ruled that this constitutes a dation in payment and must be taxed as a capital gain or loss.
Cuestión planteada Tributación de la operación.
Si la transmisión de acciones pignoradas a un tercero es una dación en pago impuesta por el acreedor para extinguir la deuda, se considera una transmisión onerosa. El valor de transmisión será el importe del valor de adjudicación o la deuda cancelada. La diferencia entre el valor de adquisición y el de transmisión determinará la ganancia o pérdida patrimonial que se integrará en la base imponible del ahorro.
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