Partner-attended · reply within 24 business hours
Corporate transactions, capital markets and strategic deals.
Independent assessment and rigorous valuation of assets and businesses.
Business reinvention, sustainability and wealth management.
Corporate governance, succession and transformation
International tax planning and cross-border structuring.
Regulatory compliance and tax reporting obligations.
Special regimes for individuals and digital assets.
Tax defense and wealth taxes
Corporate immigration, ICT transfers, investor residency, digital nomad and regularisation.
Employment relations, mobility and regulatory protection.
Protection, compliance and digital resilience
Data protection, DPO and AI regulation
Company formation, contracts, shareholder agreements and corporate operations.
Contracts, dismissals, redundancies and labour court representation.
Insolvency proceedings, fresh start, micro-enterprise procedure and dissolution.
Litigation, arbitration, mediation, IP and real estate law.
Accounting, reporting and outsourced financial management.
Entity management, governance and personnel administration.
Incorporation, incentives and business acceleration.
Risk management, continuity and recovery
New guides on the latest Spanish tax and immigration developments.
Practical tools for informed decision-making.
The consultant asks how to calculate the capital gain from the sale of shares in a non-listed company and whether the special valuation rule in article 37.1.b) applies to the acquisition value. Tax authority responds that the transmission value shall be the actual market value if proven, and that special valuation rules do not affect the original acquisition value since the seller was a non-resident.
Question posed: Calculation of the capital gain corresponding to the transfer of shares, and whether the provisions of the aforementioned article 37.1.b) would be applicable to the acquisition value of the shares, which states that "The transfer value thus calculated shall be taken into account to determine the acquisition value of the securities or shares corresponding to the acquirer".
For the transfer of securities not admitted to trading, 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 value or the capitalization value. The rule stating that the calculated transfer value serves to determine the acquirer's acquisition value does not apply to the taxpayer, as their previous acquisition was made from a non-resident who was not a taxpayer of Personal Income Tax (IRPF).
What is published here, applied to a company or a specific case. The first meeting is free.
Partner-attended · reply within 24 business hours
Quick message
We reply within 24 business hours. Confidential handling guaranteed.
Google Meet
Direct slot with the partner. Complimentary consultation · no commitment · cancel up to 24h in advance.
Loading availability…
We're fully booked for the next 14 days.
That's a good sign, and we won't leave you hanging.
Request callback
Tell us a time window and a phone number. A partner will call you back during the chosen slot.
< 24 h reply · direct with partner
Have a specific question? Tell us your situation in a sentence or two: a partner will reply within 24 business hours.
Complimentary 30-minute meeting with the partner responsible for your area. Google Meet or in person. Cancel up to 24h in advance.
Loading availability…
We're fully booked for the next 14 days.
That's a good sign, and we won't leave you hanging.
Tell us your preferred time slot and a phone number. A partner will call you back, with no hold queues and no gatekeepers.
We use our own and third-party cookies to improve your experience. More information
Essential for the website to function. Cannot be disabled.
Help us understand how you use the site to improve it.
Enable relevant content and advertising.