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V3069-18 28 November 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No capital gain or loss arises from the donation of shares if requirements under Article 20.6 of the ISD Law are met

A taxpayer over 65 consulted whether they could apply for non-subjectivity to Personal Income Tax (IRPF) regarding the donation of shares in a limited company. The Directorate General for Taxes (DGT) ruled that no capital gain or loss occurs if the requirements of Article 20.6 of the Inheritance and Gift Tax Law are satisfied.

The question raised

Whether the provisions of Article 33.3.c) of the Personal Income Tax Law are applicable to the donation.

The DGT's ruling

The non-existence of capital gains or losses is estimated in the gratuitous transfers of shares that meet the requirements of Article 20.6 of Law 29/1987. This includes that the donees maintain what was acquired and are entitled to the exemption in Wealth Tax for ten years. Compliance with these requirements is independent of whether the donee applies or does not apply the reduction in the taxable base or of the regional regulations.

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