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V3409-20 24 November 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No capital gains or losses on the gift of shares if requirements of Art. 20.6 of the IHT and Gift Tax Act are met

A query was raised regarding whether the gift of company shares from a mother over 65 to her son exempts the transaction from capital gains tax. The DGT ruled that non-taxability applies provided the requirements of Article 20.6 of the Inheritance and Gift Tax Act are satisfied.

The question raised

Whether the provisions of article 33.3.c) of the Personal Income Tax Law are applicable to the donation.

The DGT's ruling

In order for there to be no capital gain or loss in the transfer of shares, the requirements of paragraph 6 of article 20 of Law 29/1987 must be met. This is independent of whether the donee applies or does not apply the reduction to the taxable base of the Inheritance and Gift Tax. Likewise, the requirements of regional regulations are irrelevant for this purpose.

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