How the DGT's position has evolved
Current position
The donation of shares generates a capital gain for the donor if the requirements of article 20.6 of Law 29/1987 are met, being integrated into the savings base. To avoid the gain, the donee must maintain what was acquired and be entitled to the exemption in Wealth Tax (Impuesto sobre el Patrimonio) for ten years. On the other hand, donations of money do not result in a capital gain or loss as they are lucrative transfers. To apply deductions for donations, the receiving entity must be non-profit or of public utility.
The DGT's position shows a transition from considering lucrative transfers as exempt from capital gains toward the requirement of strict conditions for the exemption on shares. While for money the non-existence of a gain is maintained, for shares the exemption depends on the donee's compliance with the requirements of article 20.6 of Law 29/1987. The doctrine has been clarified regarding the irrelevance of regional regulations in these cases.
Turning points
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Establishes that the donation generates a capital gain for the donor as an alteration in their assets occurs, being integrated into the savings base.
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Clarifies that for there to be no capital gain, the donee must maintain what was acquired and be entitled to the exemption in Wealth Tax (Impuesto sobre el Patrimonio) for ten years.
Analysis based on 27 of 27 rulings with a stated position. Updated 24 September 2026.