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V2694-15 17 September 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition value of donated shares is the succession tax value, not exceeding market value

A Spanish tax resident asks about the acquisition value of shares received by donation when the donor was a non-resident. The DGT states that succession tax rules apply.

The question raised

Question posed In the event that you decide to transfer said shares, what would be their acquisition value for the purposes of calculating the capital gain or loss obtained.

The DGT's ruling

For shares acquired for consideration, the acquisition value is determined by applying the rules of the Inheritance and Gift Tax, without exceeding the market value. To this amount, investments, improvements, and expenses or taxes inherent to the acquisition shall be added, excluding interest.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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