Cases in which there is no capital gain or loss

It will be considered that there is no capital gain or loss in the following cases:

1. In capital reductions
2. On the occasion of lucrative transfers due to the death of the taxpayer.
3. On the occasion of lucrative transfers of companies or shares referred to in section 6 of article 20 of Law 29/1987, of December 28, on the Tax on Inheritances and Donations. In these cases, the donee will be subrogated in the position of the donor with respect to the values and dates of acquisition of the assets. Assets that are allocated by the taxpayer to economic activity after their acquisition must have been allocated uninterruptedly for at least 5 years prior to the date of transfer.

4. In the termination of the matrimonial economic regime of separation of assets, when due to legal imposition or judicial resolution, awards are made for reasons other than compensatory pension between spouses.

   The assumption referred to in this letter may not in any case give rise to updates to the values of the assets or rights awarded.

5. On the occasion of contributions to protected assets established in favour of people with disabilities.

1. Capital reduction