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A taxpayer inquired whether they could apply the 95% reduction to the donation of shares in a family business. The Directorate General of Taxes (DGT) ruled that for this to apply, the shares must be exempt from Wealth Tax, which requires that management functions account for more than 50% of the taxpayer's income.
Cuestión planteada Aplicación de la exención prevista en el artículo 4.Ocho.Dos de la Ley del Impuesto sobre el Patrimonio a las participaciones sociales que van a ser objeto de donación, con la finalidad de aplicar la reducción prevista en el artículo 20.6 de la Ley del Impuestos sobre Sucesiones y Donaciones.
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