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V2364-21 20 August 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · disolución de sociedades

Dissolution of a company generates a capital gain or loss for the shareholder

A shareholder seeks clarification on the tax treatment of receiving real estate assets following the dissolution and liquidation of a limited company. The Directorate General of Taxes (DGT) rules that the transaction results in a capital gain or loss for the shareholder.

The question raised

Tax treatment of said operation in the taxpayer's Personal Income Tax (IRPF).

The DGT's ruling

The capital gain or loss for the partners is determined by the difference between the market value of the assets and rights received and the acquisition value of the share in the capital. This difference shall be included in the taxpayer's savings tax base.

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