Skip to content
Back to index
V2173-15 15 July 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The retirement reduction cannot be applied to the transfer of a taxi license if the activity is maintained

A taxi driver using the objective estimation method asks whether they can reduce the capital gain from the sale of their license upon retirement. The DGT responds that if the individual continues working after retirement, the transfer is motivated by the cessation of activity rather than retirement, which prevents the application of the reduction.

The question raised

Question posed: Whether, upon the transfer of the auto-taxi license, the individual could benefit from the capital gain reduction provided for in Article 42 of the Personal Income Tax Regulations.

The DGT's ruling

The reduction under Article 42.1 of the IRPF Regulations for taxi drivers requires that the transfer of intangible assets be motivated by retirement, permanent disability, or cessation due to restructuring. If the holder retires but continues to carry out the activity, the transfer of the license is not considered to be motivated by retirement, but by the cessation of activity. In such a case, the capital gain is subject to IRPF without the reduction, unless another of the prescribed causes applies.

Email
Contact