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V1953-23 5 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · transmisión lucrativa

The donation of shares may generate capital gains or losses for Personal Income Tax purposes

A taxpayer inquires about the tax treatment of the donation of shares in a company to their children. The DGT clarifies how to determine the transfer and acquisition values, as well as which shares are considered transferred.

The question raised

Question posed: Tax treatment of said operation in the donor's Personal Income Tax and determination of the acquisition value of the donated shares.

The DGT's ruling

The donation of shares constitutes a lucrative transfer that may generate capital gains or losses. The transfer value shall be the real or market value determined according to the rules of the Inheritance and Gift Tax. The acquisition value shall be determined according to Article 35 of the LIRPF. If homogeneous values exist, it shall be understood that the shares acquired first are the ones transferred.

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