How the DGT's position has evolved
Current position
The donation of shares may not generate a capital gain or loss in the IRPF (Personal Income Tax) if the requirements of Article 20.6 of Law 29/1987 and Article 33.3.c) of Law 35/2006 are met. To this end, the transfer must be eligible for exemption from Wealth Tax, which requires the taxpayer to perform management functions and receive remuneration exceeding 50% of their earnings. Failure to comply with these requirements obliges the donor to regularize the situation in their tax return, including the unpaid tax amount and late payment interest.
The DGT's position remains constant regarding the requirement of the Law 29/1987 provisions for tax neutrality in the IRPF. It has been specified that non-resident status does not prevent the application of the rule, but the lack of liability for Wealth Tax in the country of residence may prevent the benefit if the exemption requirements are not met. The doctrine also establishes the consequences of regularization in the event of non-compliance with the requirements.
Turning points
-
Establishes that the exemption requires the taxpayer to perform management functions and receive remuneration exceeding 50% of their earnings.
-
Determines that if the donor is not subject to Wealth Tax in their country of residence, they cannot benefit from the exemption for failing to meet the requirements of Law 29/1987.
Analysis based on 52 of 58 rulings with a stated position. Updated 19 September 2026.