Summary table of special rules

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.

The gain or loss will be determined by the difference between the acquisition value and the transfer value, the latter being:

• The amount actually paid (provided that it is proven that it is the value that would be established for that transaction between independent parties under normal market conditions).

• Otherwise, it may not be less than the greatest of:

  • The value of the net equity that corresponds to the transferred values resulting from the last balance sheet of the entity closed prior to the accrual date of this tax.
  • The value resulting from capitalizing at 20 percent the average of the profits of the last three fiscal years closed prior to the accrual date of this tax.

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%.

The gain or loss will be determined by the difference between the acquisition value and the transmission value, the latter being,

• The net asset value and, if it does not exist
• The value of the net assets corresponding to the shares or participations transferred resulting from the last closed balance sheet (in the case of redemption of participations).

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.

The gain or loss will be determined by the difference between the acquisition value and the transfer value, the latter being the greater of:

• Nominal value of the shares or social participations received.
• Quoted value of the securities received.
• Market value of the good or right provided.

Special tax deferral regime for certain contributions.

The profit or loss will be determined by the difference between:

• The value of the social liquidation fee or the market value of the assets received, and
• The acquisition value of the corresponding title or capital participation.

The capital gain or loss will be determined by the difference between:

• The acquisition value of the titles, rights or securities representing the partner's participation, and
• The market value of the titles, cash or rights received or the market value of those delivered.

Special tax deferral regime in certain cases.

The capital gain will be computed to the transferor for the amount corresponding to the transfer.

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.

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:

• The market value of the good or right delivered.
• The market value of the good or right that is received in exchange.

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.

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.

The capital gain or loss will be determined by the difference between:

• The current actuarial financial value of the income.
• The acquisition value of the transferred asset element.

The capital gain or loss will be determined by the difference between:

• The transfer value (which in the case of extinction of the right is zero).
• The acquisition value that must be reduced by the deducted amortizations if the right was leased.

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.

The market value of those will be computed as capital gain.

Capital gain or loss is the return obtained when it is not a risk hedging operation in the development of economic activity.

The capital gain or loss will be determined by the difference between:

• The transmission value.
• The book value of the asset element that will be determined by:

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.