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V2610-17 13 October 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Legal costs to defend shareholder status are not included in the acquisition value of shares

A taxpayer has enquired whether legal expenses incurred in proceedings to defend their status as a shareholder can be added to the acquisition value of the shares. The DGT has ruled that these expenses are not considered inherent to the acquisition.

The question raised

Whether all expenses incurred by the taxpayer in relation to the aforementioned legal proceedings, which exceed the amount of the legal costs received, may be incorporated into the acquisition value of the shares for the purpose of calculating the capital gain or loss in Personal Income Tax (IRPF) in the event of the sale of said shares.

The DGT's ruling

The acquisition value of shares acquired for gratuitous consideration is composed of the value resulting from the Inheritance and Gift Tax regulations, plus investments, improvements, and expenses or taxes inherent to the acquisition. The expenses incurred due to the legal claim filed by the company are not considered expenses inherent to the acquisition, and therefore must not be included in the calculation of the acquisition value.

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