How the DGT's position has evolved
Current position
The transfer of shares does not generate a capital gain or loss in the Personal Income Tax (IRPF) if the requirements of article 20.6 of Law 29/1987 are met. To this end, it is necessary that the shares enjoy the exemption in Wealth Tax. The donee is subrogated into the values and acquisition dates of the donor, regardless of whether the reduction in Inheritance and Gift Tax (ISD) applies.
The DGT's position remains stable regarding the application of the exemption for the transfer of shares. It has been specified that the application of the reduction in Inheritance and Gift Tax (ISD) by the donee is irrelevant for the IRPF exemption, provided that the legal requirements are met.
Turning points
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Clarifies that it is irrelevant whether the donee applies the reduction in Inheritance and Gift Tax (ISD) for the IRPF exemption.
Analysis based on 30 of 34 rulings with a stated position. Updated 24 September 2026.