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V3149-17 5 December 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No capital gains or losses on donation of shares if Article 20.6 of the Inheritance and Gift Tax Act requirements are met

A shareholder over 65 years of age holding management positions intends to donate their shares to their son. The DGT indicates that there will be no capital gain or loss for Income Tax purposes if the requirements for the business transfer reduction under the Inheritance and Gift Tax Act are satisfied.

The question raised

Application of the exemption provided for in Article 33.3.c) of the Personal Income Tax Law and the reduction provided for in Article 20.6 of Law 29/1987, of December 18, on Inheritance and Gift Tax.

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