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A taxpayer inquired whether donating 50% of their pharmacy to their son constitutes a capital gain. The DGT ruled that the donation of stock is treated as income from economic activity, whereas the donation of fixed assets results in a capital gain or loss.
Cuestión planteada Si la citada donación constituiría una ganancia patrimonial.
La donación de existencias supone un rendimiento íntegro de la actividad económica valorado a precio de mercado. Respecto al inmovilizado, la donación genera una ganancia o pérdida patrimonial, ya que la transmisión de una cuota de negocio no permite la reducción por transmisión de empresas familiares. La ganancia se integra en la base del ahorro o general según la antigüedad, y las pérdidas por transmisiones lucrativas no son computables.
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