How the DGT's position has evolved
Current position
The creation of rights of use or enjoyment over social shares is classified as income from movable capital. When carried out free of charge, the presumption of remuneration applies and it must be valued at fair market value. The burden of proof regarding the gratuitous nature falls on the taxpayer.
The DGT's position has shifted from focusing on the requirements of tax neutrality for contributions of social shares to addressing the classification of rights of use or enjoyment over them. No change is observed in the requirements for contributions, which have remained constant since 2016. The recent criterion introduces a specific classification for the creation of rights over shares.
Turning points
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Establishes that the creation of rights of use or enjoyment over social shares is income from movable capital. Introduces the presumption of remuneration in the event of gratuitousness according to article 6.5 of the Personal Income Tax Law (LIRPF).
Analysis based on 32 of 40 rulings with a stated position. Updated 18 August 2026.