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V2903-15 7 October 2015 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · reducción en la base imponible

The 95% reduction may be applied to the donation of shares if the requirements for exemption from Wealth Tax are met

A query is made regarding whether the reduction provided in Article 20.6 of the Inheritance and Gift Tax Law is applicable to the donation of shares in a company dedicated to real estate leasing. The DGT determines that, upon proving compliance with the requirements for exemption from Wealth Tax and the specific requirements for the reduction, said reduction is applicable.

The question raised

Question posed: Applicability of the reduction provided for in Article 20.6 of the Inheritance and Gift Tax Law.

The DGT's ruling

To apply the 95% reduction to the taxable base for the donation of shares, it is a necessary condition that the donor be entitled to the exemption from Wealth Tax pursuant to Article 4.Eight.Two of Law 19/1991. In this case, upon confirming the existence of economic activity, compliance with the shareholding percentage, the performance of management functions, and the receipt of the required remuneration, the reduction under Article 20.6 of Law 29/1987 is applicable.

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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