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V3127-23 4 December 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ampliación de capital

No capital gain or loss occurs if the value of shares received matches the cost of the acquired credit

Consultants purchased credits from third parties at an amount lower than their nominal value and offset them in a capital increase. The DGT indicates that, as the value of the shares received coincides with the price paid for the credit, there would be no capital gain or loss.

The question raised

Taxation in the Personal Income Tax (IRPF) of the applicants regarding the capital increase operation.

The DGT's ruling

Since the credit was not granted directly by the applicants, but rather acquired at an amount lower than its nominal value, the concept of capital gains or losses under Article 33.1 of Law 35/2006 must be applied. In this case, in principle, no capital gain or loss would occur if the value of the shares delivered coincides with the amount paid for the acquisition of the credit.

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