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V3612-16 24 August 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · base imponible

Donation recipients must value donated shares

A query was raised regarding how shares in a limited company should be valued for Inheritance and Gift Tax purposes in a donation. The DGT indicates that determining the value is the responsibility of the recipient.

The question raised

Valuation of shares for the purposes of Inheritance and Gift Tax

The DGT's ruling

The tax base for donations is the net value of the assets and rights acquired, understood as the real value reduced by deductible charges and debts. The determination of said valuation must be carried out by the donee in their capacity as a tax debtor. The Administration may verify the declared value through the means provided for in the General Tax Law.

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