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V1821-17 11 July 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The reduction in capital gains from the transfer of a taxi license may be applied if it is due to retirement

A taxi driver using the objective estimation method inquires whether the sale of their auto-taxi license allows for the application of the reduction provided in the seventh additional provision of the Personal Income Tax Law (LIRPF). The DGT explains that the reduction is applicable if the transfer is due to retirement, permanent disability, or cessation due to restructuring, or if it is transferred to relatives up to the second degree.

The question raised

Question posed: Whether, upon transferring the auto-taxi license, they could benefit from the reduction in capital gains provided for in the seventh additional provision of the Personal Income Tax Law.

The DGT's ruling

The transfer of the license generates a capital gain or loss calculated as the difference between the transfer value and the book value. Taxi drivers under objective estimation may reduce the gain from the transfer of intangible assets (such as the license) if the sale is motivated by permanent disability, retirement, or cessation due to sector restructuring. It also applies if the transfer is to relatives up to the second degree for reasons other than those mentioned above. The reduction does not apply if the holder continues to carry out the activity after retiring and the transfer occurs thereafter.

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