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V2418-23 7 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Voluntary contributions to equity are included in the acquisition value for company liquidations

A sole shareholder seeks clarification on the tax treatment regarding the dissolution and liquidation of their company. The DGT clarifies how to calculate capital gains for Personal Income Tax purposes and the applicability of transfer taxes and urban land value increment taxes.

The question raised

Tax treatment of said operation in Personal Income Tax, Transfer Tax and Stamp Duty, and Real Estate Transfer Tax.

The DGT's ruling

In Personal Income Tax, voluntary contributions to the company's equity without right to refund are included in the acquisition value of the shares. The capital gain or loss is determined by the difference between the market value of the assets received and said acquisition value. The liquidation of the company is subject to the Transfer Tax and Stamp Duty, with the shareholder being the taxpayer for the value of the assets received. Likewise, the transfer of urban real estate generates the Real Estate Transfer Tax, with the company being the taxable person for the onerous transfer.

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