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V2089-25 5 November 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital mobiliario

Dividends are taxable in the name of the legal holder of shares, even if freely transferred to another shareholder

A shareholder holding 97.67% of the capital asks how to tax dividends if other shareholders agree to transfer them. The DGT responds that dividends must be taxed in the name of the legal holder of the shares.

The question raised

Taxation of distributed dividends under Personal Income Tax (IRPF).

The DGT's ruling

Dividends are returns on movable capital that must be included in the savings tax base. Pursuant to Article 11.3 of the Personal Income Tax Law (LIRPF), these returns are attributed to the taxpayers who are the owners of the assets in accordance with the rules of legal ownership. Therefore, dividends are imputed to the holder of the shares, regardless of whether they transfer the amount gratuitously to another person.

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