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V1946-18 2 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · retribución en especie

Acquisition value of shares received as benefits in kind is their market value at the time of delivery

The inquirer asks for the acquisition value of shares received as benefits in kind and how capital gains are distributed under the community property regime. The DGT clarifies that the acquisition value is the normal market value at the time of delivery and that gains are attributed 50% to each spouse.

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 successive tax years. Furthermore, it is questioned whether, being married under the community property regime, only 50 percent of the capital gain or loss should be attributed.

The DGT's ruling

The acquisition value of shares delivered as remuneration in kind is the normal market value at the time of delivery, excluding the tax withholding. This value is the same whether the delivery is taxed as income in kind or not, due to meeting exemption requirements. Capital gains or losses derived from the sale of said shares are attributed 50% to each spouse as they are community property.

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