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V3291-15 26 October 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo en especie

The €12,000 share award exemption requires offers to be made on the same terms for all employees within each company

A query was raised regarding whether the €12,000 exemption for share awards to employees should be applied to a corporate group as a whole or to each company individually. The Directorate General for Tax (DGT) ruled that the requirement to offer shares under the same conditions for all employees must be met within the specific company to which the employee provides services; that is, on an individual basis for each company.

The question raised

Application, regarding the income derived from the free delivery of shares in the year 2015, of the 12,000 euro annual exemption provided for in Article 42.3 f) of the Personal Income Tax Law, and whether the requirement that the share offer be made under the same conditions for all employees must be required for each company, or jointly for the entire group or subgroups of companies.

The DGT's ruling

To apply the exemption for the delivery of shares, the offer must be made under the same conditions for all employees of the company. In the case of groups or subgroups of companies, this equality requirement must be met within the company to which the employee provides services. Therefore, compliance with the equality requirement is understood to refer to each company considered individually.

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