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V2266-24 23 October 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Reduction coefficients may apply to the sale of shares acquired before 1994

A taxpayer has enquired whether seniority-based reductions can be applied to the sale of shares in a company that transitioned from a cooperative to a limited company. The DGT explains how to calculate the acquisition value following capital increases and confirms the applicability of the transitional regime.

The question raised

Whether the reduction coefficients provided in the ninth transitional provision of the Personal Income Tax Law may be applicable.

The DGT's ruling

In fully paid-up capital increases, the acquisition value is the total cost divided by the number of old shares and the newly issued shares, while maintaining the seniority of the original shares. The transformation of a cooperative into a limited liability company does not alter the legal personality or the acquisition date. If the shares were acquired before December 31, 1994, the reduction coefficients provided in the ninth transitional provision of the Personal Income Tax Law may be applied according to the established transfer value limits.

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