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V3369-20 17 November 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Transfer value of shares with variable pricing can be estimated for tax purposes

A taxpayer sells shares in a company at a price consisting of a fixed component and a variable component subject to future conditions. The DGT explains how to value the transfer and the options available for the timing of capital gains recognition.

The question raised

Taxation of the transaction for Personal Income Tax purposes.

The DGT's ruling

As the total price in the disposal is unknown, the taxpayer must make an estimate of the transfer value to declare the gain. If the final amount differs from the estimate, it must be regularized through a supplementary return or rectification. Likewise, if the price is received in successive payments over more than one year, the taxpayer may opt to impute the income as the collections are made.

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