1. Requirements for the application transitional system

The requirements that must be met for the application of the reduction or abatement percentages on the amount of capital gains are the following:

a. That the capital gains come from transfers, whether onerous or lucrative, of assets or rights or from the extinction of rights.

Therefore, the reduction percentages are not applicable to profits that arise as a result of the incorporation of assets or rights into the taxpayer's assets that do not derive from a transfer, as is the case, for example, of prizes obtained in contests or winnings in gambling.

b. That the asset or right was acquired by the taxpayer before December 31, 1994 .

c. That the asset or right is not affected by an economic activity .

Notwithstanding the above, if the asset had been assigned to an economic activity, it must have been de-assigned more than three years prior to the date of transfer.

d. That the asset has not been awarded to the partner in the dissolution and liquidation of transparent companies , in accordance with the provisions of the sixteenth transitional provision of the consolidated text of the Corporate Income Tax Law.

e. That the transferred asset does not come from contributions made to the protected assets of persons with disabilities , in accordance with the provisions of the Eighteenth Additional Provision of the Personal Income Tax Law

f. That the transfer value of all assets to whose capital gain this transitional regime would have been applied, transferred from January 1, 2015 until the date of transfer of the asset, has not exceeded 400,000 euros