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V2267-24 23 October 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Applicability of reduction coefficients to the transfer of shares acquired before 1994

A taxpayer inquires whether seniority-based reductions can be applied to the sale of shares in a company that was originally a cooperative and subsequently converted into 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 for 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 date of acquisition. The reduction coefficients of the ninth transitional provision of the Personal Income Tax Law are applicable to assets acquired before December 31, 1994, subject to the established transfer value limits.

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