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V2430-17 28 September 2017 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · reducción por empresa familiar

Transferring shares to one's own company does not void the family business relief if value is maintained

A query was raised regarding whether the onerous transfer of inherited shares to a company wholly owned by the heir affects the requirement to maintain the family business relief. The DGT ruled that it does not, provided the acquisition value is maintained for the purpose of calculating the relief.

The question raised

Maintenance of the right to the reduction applied.

The DGT's ruling

The maintenance of the acquisition is interpreted as the maintenance of value, prohibiting acts that substantially diminish the value of the acquisition. The onerous transfer of inherited shares to a company whose capital is 100% owned by the beneficiary of the reduction does not affect the requirement of permanence. To this end, the application value used for the reduction at the time must be maintained, regardless of the market price.

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