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V5028-16 18 November 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Sale of shares in unlisted companies generates capital gains or losses

A query was made regarding the tax treatment of the transfer of shares in a company not admitted to trading. The DGT ruled that the transaction generates a capital gain or loss, which is included in the savings tax base.

The question raised

Tax treatment of said transfer in the Personal Income Tax of the taxpayer.

The DGT's ruling

The gain or loss is determined by the difference between the acquisition value and the transfer value. The transfer value shall be the actual amount paid, provided that it is proven to be the market value; otherwise, it shall be the higher of the theoretical balance sheet value or the capitalization of earnings value. The resulting difference is included in the savings tax base.

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