How the DGT's position has evolved
Current position
For the transfer of assets to be exempt from IVA (Value Added Tax), the set must constitute an autonomous economic unit capable of carrying out an activity by its own means. Regarding IRPF (Personal Income Tax), the reduction for the transfer of intangible assets requires that the operation be motivated by permanent disability, retirement, or cessation due to restructuring. If the taxpayer continues the activity after the disability, the subsequent sale of the license does not allow for the application of the reduction.
The DGT's position remains constant in two aspects. Regarding IVA, it is reiterated that the lack of an autonomous organizational structure turns the operation into a transfer of goods subject to the tax. In terms of IRPF, it has been specified that the motivation for the transfer (disability or retirement) must be real and effective regarding the cessation of the activity.
Turning points
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Establishes that if the taxpayer continues to carry out the activity after the declaration of disability, the subsequent sale of the license is not considered motivated by said disability for the purpose of applying the reduction.
Analysis based on 38 of 41 rulings with a stated position. Updated 23 September 2026.