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V2060-18 12 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · escisión de sociedades

No income tax liability for spin-offs if the special Corporate Tax regime applies

A shareholder has enquired about the tax treatment of shares received following a company spin-off. The DGT has ruled that if the spin-off adheres to the special regime under the Corporate Tax Act, the shareholder is not required to recognise the transaction as income.

The question raised

Tax treatment in Personal Income Tax of said operation.

The DGT's ruling

When the spin-off of companies is applicable to the special tax regime of Corporate Income Tax, individual shareholders shall not include income in their Personal Income Tax taxable base. In this case, the shares received shall retain the values and acquisition dates of the shares of the demerged company.

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