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V2020-20 19 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Voluntary contributions to equity are included in the acquisition value of shares

A shareholder has requested clarification on how to calculate capital gains or losses following the dissolution of a company where they made non-reciprocal contributions. The Directorate General for Taxes (DGT) has ruled that such contributions must be added to the acquisition value of the shares.

The question raised

The method for incorporating the capital gain or loss into the taxpayer's Personal Income Tax.

The DGT's ruling

The capital gain or loss resulting from the dissolution of companies is the difference between the market value of the assets received and the acquisition value of the shareholding. Voluntary contributions to the company's equity, made without the right to reimbursement or consideration, must be included in the acquisition value of the shares. The result shall be included in the savings tax base.

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