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V4845-16 10 November 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos en especie

Share delivery exemption cannot be applied if the offer is limited to certain professional profiles

An employee inquired whether offering shares specifically to engineers and technical architects meets the requirement of offering them under the same conditions to all workers. The Directorate General of Taxes (DGT) ruled that because the offer was restricted to degree holders, the requirements for the tax exemption are not met.

The question raised

In the event that the offer were made to all qualified professionals in the company (engineers and technical architects), could it be considered that the requirement of Article 43 of the Personal Income Tax Regulations is met, regarding "that the offer is made under the same conditions for all employees of the company and contributes to their participation in the company"?

The DGT's ruling

To apply the exemption of up to 12,000 euros per year for the delivery of shares, the offer must be made under the same conditions for all employees of the company. If the offer is limited solely to employees with a specific qualification, this legal requirement is not met. Therefore, the exemption provided for in Article 42.3 f) of the Personal Income Tax Law is not applicable.

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