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V1996-15 26 June 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

The delivery of shares and the exercise of stock options are considered employment income and may qualify for the 30% reduction under certain requirements

The inquiry asks whether remuneration from share acquisitions (ACAS Plan) and the exercise of stock options qualifies for the 30% tax reduction. The DGT rules that these concepts constitute employment income and may benefit from the reduction provided they have a generation period exceeding two years, are imputed to a single tax period, and no similar reductions have been applied in the previous five years.

The question raised

Question posed: Application of the reduction provided for in Article 18.2 of the Personal Income Tax Law to the remuneration obtained from the acquisition of shares under the Stock Options Plan and from the delivery of the shares defined in the ACAS Plan.

The DGT's ruling

The granting of call options or the free delivery of shares to employees or directors at a price below market value constitutes income from employment. To apply the 30% reduction provided for in Article 18.2 of the LIRPF, the income must have a generation period exceeding two years, be imputed in a single tax period, and the reduction must not have been applied in the previous five periods. If the options were granted before 2015 and are exercised after more than two years without being annual, an exception exists regarding the five-year limit.

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