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A taxpayer wishes to establish a gratuitous life usufruct over 50% of a company's shares in favour of his father. The DGT rules that this transaction generates income from movable capital, which must be valued at fair market value.
Cuestión planteada Tributación en el IRPF.
La constitución de derechos de uso o disfrute sobre participaciones en los fondos propios de una entidad se califica como rendimiento del capital mobiliario. Al realizarse de forma gratuita, se presume que la prestación está retribuida y debe valorarse por el valor normal en el mercado, entendido como la contraprestación que se acordaría entre sujetos independientes.
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