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V1794-22 29 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · dación en pago

Transferring shares in satisfaction of a debt generates a capital gain or loss

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.

The question raised

Taxation of the transaction.

The DGT's ruling

If the transfer of pledged shares to a third party constitutes a dation in payment imposed by the creditor to extinguish the debt, it is considered an onerous transfer. The transfer value shall be the amount of the adjudication value or the debt cancelled. The difference between the acquisition value and the transfer value shall determine the capital gain or loss to be included in the savings tax base.

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