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V1992-25 21 October 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos en especie

The restriction on share delivery by professional category prevents the application of the 12,000 euro exemption

An employee inquires whether the delivery of Restricted Stock Units (RSU) may be exempt from Personal Income Tax (IRPF). The DGT determines that, as access is limited to employees with a specific professional category, the requirement that the offer be made under the same conditions for all workers is not met.

The question raised

Question posed: Whether the exemption provided in Article 42.3 f) of the LIRPF is applicable.

The DGT's ruling

The delivery of shares to workers constitutes income in kind valued at its market value. To apply the annual 12,000 euro exemption provided in Article 42.3 f) of the LIRPF, the offer must be made under the same conditions for all workers of the company. If access to the plan is restricted to employees who have reached a certain professional category, said requirement of equality is not met.

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