Partners selling shares may estimate the price to regularize capital gains

Determining the sale price of company shares is a critical step in the settlement of Personal Income Tax (IRPF). In situations where the final amount of the transaction is not known with certainty at the time of the transfer, the need arises to establish a value that allows for the timely fulfillment of tax obligations.

What the DGT has resolved

The Dirección General de Tributos (DGT) has clarified that, for the calculation of capital gains or losses, the taxpayer must make an estimate of the definitive transfer price. If the actual amount received in subsequent fiscal years differs from the initially estimated figure, the taxpayer has the power to carry out the corresponding regularization. This can be done by filing a supplementary tax return or through the rectification of the return already submitted.

Furthermore, the ruling addresses the management of collections when they are not received in a single payment. If the sale price is received through successive payments over more than one fiscal year, the taxpayer may opt to apply the temporal imputation method provided for in current regulations.

What it means for you

If you are a partner in a company and proceed to sell your shares, this criterion allows you to declare the transaction based on a reasonable estimate of the sale value. This avoids the uncertainty of not knowing the exact final price at the time of the transfer, allowing you to comply with the tax calendar. However, you must keep in mind that any difference between the estimated amount and the amount actually received entails the obligation to adjust your tax situation before the Administration.

What you should do

In an operation of this type, it is fundamental to consider the following points:

• Document the estimate: Ensure that the estimated transfer price has a logical and justifiable basis.
• Monitor collection periods: If the payment structure spans multiple years, evaluate the application of the temporal imputation method to optimize the tax burden.
• Manage differences: In the event that the final amount varies, proceed with the regularization through legal mechanisms to avoid penalties for incorrect data.

Each transfer of shares presents particularities that require a detailed analysis of the economic reality of the transaction.