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Heritage 2023

4.2.8. H) Exempt securities representing participation in the equity of legal entities

H1) Exempt shares and interests in the share capital or equity of legal entities traded on organized markets (art. 4.8.2 Law 19/91; (RD 1704/99)

You must record in this space the shares in entities traded on organised markets, to the extent that they meet the conditions to benefit from the exemption provided for in the Tax Law.

For these purposes, full ownership, bare ownership and the right of life usufruct over shares in entities will be exempt.

The taxpayer must indicate the portion of the value of the shares that is exempt according to the tax rules.

The portion of the value of the shares that is not exempt, if applicable, must be included in the section corresponding to non-exempt shares and interests.

H2) Exempt shares and interests in the share capital or equity of legal entities not traded on organised markets and exempt interests in the share capital of cooperatives (art. 4.8.2 Law 19/91; (RD 1704/99)

In this space you must record the shares in entities not traded on organised markets, the ownership of which corresponds directly to the taxpayer, to the extent that they meet the conditions and requirements to benefit from the exemption provided for in the Tax Law.

For these purposes, full ownership, bare ownership and the right of life usufruct over shares in entities will be exempt.

The taxpayer must indicate the portion of the value of the shares that is exempt according to the tax rules.

The portion of the value of the shares that is not exempt, if applicable, must be included in the section corresponding to non-exempt shares and interests.

Completion

For each of the shares or interests, you must state: the key corresponding to full ownership, bare ownership or life usufruct, as the case may be, the percentage of individual participation and the percentage in the entity jointly owned with the spouse, ascendants, descendants or 2nd degree collateral relatives.

If you have different rights over the same property, the completion will be done by differentiating the percentage of ownership of each of them and recording the data corresponding to each one by clicking on "add property or right".

It will also record the number of securities (the program allows decimals), the ISIN assigned by the CNMV or, failing that, the NIF of the issuer, indicating, where applicable, whether the issuer is foreign, the description of the securities and the value. In section H1) when foreign securities do not have an ISIN assigned, the identification number of the issuing entity in the country of residence or, failing that, the Country Code will be entered.

If you have to relate more elements than those contemplated in the program, you can declare them cumulatively in the last box. In this case you will only have to fill in the data relating to the description and the valuation.

  1. 4.2.8.1. Conditions for exemption from participation in entities
  2. 4.2.8.2. Value of exempt shares