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V2071-17 2 August 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención

Exemption on transfer of shares cannot be applied if the prior deduction was not claimed

Shareholders have consulted whether they can apply the Personal Income Tax (IRPF) exemption on the sale of company shares. The Directorate General for Taxes (DGT) has ruled that it is an essential requirement to have applied the deduction for investment in newly created companies at the time of acquisition.

The question raised

Question posed: Application of the exemption provided in Article 38.2 of the Personal Income Tax Law to the capital gains obtained from the transfer of interests.

The DGT's ruling

To apply the exemption provided in Article 38.2 of the Personal Income Tax Law (LIRPF) to the transfer of shares or interests, it is necessary that the deduction provided for in Article 68.1 of the same Law has been applied to them. If said deduction was not applied upon acquiring the interests, the exemption of the capital gain obtained upon their sale is not applicable.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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