Doctrine by topic · DGT Observatory

Forgiveness of a Loan: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Refined position High confidence 13 rulings · 2014–2026

Current position

The forgiveness of a loan between two companies does not have effects on the IRPF (Personal Income Tax) of its individual shareholders, as they are external to the loan. Rule 18 of the PGC (General Accounting Plan) is not applied to consider a higher acquisition value or dividends. However, this criterion is not applicable if the forgiveness is part of a complex operation or is an instrument used to carry out wealth transfers between shareholders.

The DGT's position remains stable regarding the external nature of shareholders in loans between companies. Nevertheless, the doctrine has evolved towards the inclusion of an exception to prevent the use of forgiveness as a tool in complex operations or wealth transfers.

Turning points

  1. V0350-20

    Distinguishes the forgiveness of a loan from an entity to a shareholder, qualifying it as income from movable capital.

  2. V1488-22

    Introduces the exception that the external nature criterion does not apply if the forgiveness is part of a complex operation or an instrument for wealth transfers between shareholders.

Analysis based on 11 of 13 rulings with a stated position. Updated 27 September 2026.

Rulings on this topic

13
V0477-26 2 Mar 2026

Loan forgiveness between companies generally has no IRPF impact on shareholders

SG de Impuestos sobre la Renta de las Personas Físicas
condonación de préstamoasunción de deudarendimientos de actividades económicasreestructuración de participacióntrasvase patrimonial LIRPF — Ley 35/2006 del IRPF art. 27.1LIRPF — Ley 35/2006 del IRPF art. 28.1
Affects CompanyExpat · Non-residentIndividual

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