Skip to content
Back to index
V1861-18 26 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · retribución en especie

Acquisition value of shares received in kind is their market value on the date of delivery

A worker has enquired about the value to be used when calculating capital gains upon the sale of shares received as remuneration in kind. The Directorate General for Taxes (DGT) clarifies that the acquisition value is the market value at the time of delivery, excluding any withholding tax.

The question raised

Acquisition value to be attributed to the shares received as remuneration in kind by the taxpayer for the purpose of calculating the capital gain or loss to be reported in the Personal Income Tax return in the event that they decide to transfer said shares in subsequent fiscal years.

The DGT's ruling

The delivery of shares to employees is classified as employment income in kind. The acquisition value for calculating capital gains or losses in a subsequent sale shall be the normal market value of the shares at the time of their delivery, which for listed companies shall be their market price. The corresponding income tax withholding shall not form part of the acquisition value.

Book your free first meeting