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V1924-15 18 June 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · permuta

Share exchange for cash and shares may allow temporary imputation if structured on instalments

A taxpayer asks how to tax the transfer of shareholdings received in cash and shares, some due in 18 months. The DGT explains that the transaction generates a capital gain or loss and allows proportional imputation of the share portion due in the future.

The question raised

Question posed: Consultation regarding the taxation applicable to the transfer of social shares.

The DGT's ruling

The exchange of shares for cash and stock constitutes an asset alteration that generates a capital gain or loss. The transfer value shall be the higher of the market value of the shares plus the cash, or the market value of the shares transferred. The taxpayer may opt to proportionally impute the portion of the income corresponding to the shares received at 18 months, at the time of their delivery, as it is an installment transaction.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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