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V2359-24 14 November 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Donation of company shares triggers capital gains or losses for Personal Income Tax

The taxpayer asks whether the donation of shares acquired under a matrimonial partnership regime is subject to tax. The DGT rules that such a donation generates a capital gain or loss, unless it constitutes an extinction of the regime through payment in kind.

The question raised

Whether taxation is due on the donation of the shares, taking into account that, according to the applicant, the shares were acquired charged to the assets generated and subject to the participation regime.

The DGT's ruling

The donation of shares generates a capital gain or loss due to the change in the composition of the assets. The transfer value shall be that resulting from the Inheritance and Gift Tax regulations, without exceeding the market value. If a loss is generated through a lucrative transfer, it shall not be computable. However, if the transfer of shares is carried out to cancel a debt due to the extinction of the participation regime, there shall be no change in the assets.

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