Summary table of special rules
Operation type |
Valuation of profit or loss |
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Listed securities |
The gain or loss will be determined by the difference between the acquisition value and the transfer value, determined by the price on the date of transfer or the agreed price when higher. The acquisition value will be reduced by the amount obtained from the transfers of subscription rights carried out prior to January 1, 2017, with the exception of the amount of such rights that would have been taxed as capital gain. |
Unlisted securities Shares and participations in the equity of companies that are not listed on Spanish stock exchanges |
The gain or loss will be determined by the difference between the acquisition value and the transfer value, the latter being:
|
Fully released shares |
The acquisition value of the transferred share and the original shares will be the result of distributing the total acquisition cost among all the shares, both old and released. |
Transfer of preferential subscription rights that come from shares or participations in companies of which the taxpayer is the owner |
The amount obtained from the transfer of subscription rights derived from securities not admitted to trading and from January 1, 2017 from those admitted to trading is considered capital gain for the transferor in the tax period in which the aforementioned transfer occurs. The withholding to be applied on capital gains derived from the transfer of subscription rights is 19%. |
Investment funds |
The gain or loss will be determined by the difference between the acquisition value and the transmission value, the latter being,
When the investment made in one fund is transferred (total or partial transfer) to another fund, the capital gain or loss obtained will not be computed at that time, and the new shares or participations will retain the value and acquisition date of those transferred. It applies to Spanish investment funds and those established in another community country registered with CNMV. It does not apply to listed investment funds or listed SICAV index shares and when the amount of the reimbursement or transfer is made available to the taxpayer. |
Non-monetary contributions to companies |
The gain or loss will be determined by the difference between the acquisition value and the transfer value, the latter being the greater of:
Special tax deferral regime for certain contributions. |
Separation of partners or dissolution of companies |
The profit or loss will be determined by the difference between:
|
Spin-off, merger or absorption of companies |
The capital gain or loss will be determined by the difference between:
Special tax deferral regime in certain cases. |
Transfers |
The capital gain will be computed to the transferor for the amount corresponding to the transfer. |
Compensation or insured capital for losses or incidents in assets |
The gain or loss will be determined by the difference between the amount received, or the market value of the goods, rights or services received (if the compensation is not in cash) and the proportional part of the acquisition value that corresponds to the damage. When only the repair of the damage is covered, no capital gain will be computed for tax purposes. |
Exchange of assets or rights, including exchange of securities |
The capital gain or loss will be determined by the difference between the acquisition value and the transfer value, the latter being the greater of the following two:
Special case: exchange of land for flats or premises to be built on it. Special tax deferral regime in the exchange of shares in certain cases. |
Extinction of life or temporary annuities |
For the person obliged to pay income, the difference between the acquisition value of the capital received (in movable or immovable property) and the income paid. |
Transfer of assets in exchange for life or temporary annuities |
The capital gain or loss will be determined by the difference between:
|
Transfer or extinction of real rights of enjoyment over real estate |
The capital gain or loss will be determined by the difference between:
If the right is constituted on real estate that does not generate income from real estate capital, the right is consumed by use, so the acquisition value must be reduced proportionally to the time of use. |
Incorporation of assets and rights that do not derive from transmission |
The market value of those will be computed as capital gain. |
Futures and options |
Capital gain or loss is the return obtained when it is not a risk hedging operation in the development of economic activity. |
Heritage elements assigned to the activity or disaffected less than three years in advance |
The capital gain or loss will be determined by the difference between:
Acquisition value (or production cost or impact value) further: Improvements less: Amortizations + previous disposals + losses The reducing coefficients of the transitional regime are not applicable to the capital gains obtained. |