Skip to content
Back to index
V2743-17 25 October 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No capital gains tax on IRPF for donation of usufruct of shares meeting ISD reduction requirements

The taxpayer asks whether the donation of the usufruct of shares in a company meets the requirements for an exemption from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) rules that, since the reduction for Inheritance and Gift Tax (ISD) is applicable, the exemption from capital gains tax in IRPF also applies.

The question raised

Application of the exemption provided for in Article 33.3.c) of the Personal Income Tax Law to the capital gain derived from the donation.

The DGT's ruling

The exemption from capital gains or losses under Article 33.3.c) of the Personal Income Tax Law applies to the donation of the usufruct of shares that benefit from the reduction in the taxable base of the Inheritance and Gift Tax. In these cases, the same tax treatment applies as in the transfer of full ownership of the shares. Therefore, no capital gain or loss shall be estimated for Personal Income Tax purposes.

Book your free first meeting