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V3133-18 11 December 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The sale of shares to the company itself is taxed as a capital gain or loss due to separation of partners

A taxpayer inquires about the taxation of the sale of shares of an unlisted company to the company itself, which will hold them in treasury shares. The DGT responds that, as there is no amortization or capital reduction, the regime for separation of partners applies.

The question raised

Question posed: Taxation of the sale of shares under the inquirer's Personal Income Tax (IRPF).

The DGT's ruling

The acquisition of treasury shares by the company constitutes a change in assets for the partner, resulting in a capital gain or loss. In the absence of amortization or capital reduction, Article 37.1.e) of the LIRPF regarding the separation of partners applies. The gain or loss is determined by the difference between the transfer value and the acquisition value. If the shares were acquired through inheritance, the acquisition value shall be that resulting from the application of the rules of the Inheritance and Gift Tax.

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