In general: onerous transfers of listed securities
When the alteration in the value of the assets results from the transfer for consideration of securities admitted to trading in one of the regulated securities markets defined in Directive 2004/39/EC of the European Parliament and of the Council, of April 21, 2004 , relating to the markets of financial instruments, which are representative of the participation in the own funds of companies or entities, the capital gain or loss will be computed by the difference between its acquisition value and the transfer value, taking into account the following rules specific:
Please note that Directive 2004/39/EC has been repealed with effect from 3 January 2017 by Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on instrument markets. financial. This, in its article 94, provides that references to Directive 2004/39/EC will be understood as references to Directive 2014/65/EU.
The transfer value will be determined by the price in said markets on the date it occurs or by the agreed price when it is higher than the price.
When determining the acquisition value, the following particularities must be taken into account:
Acquisition value of the partially released shares.
In the case of partially released shares, their acquisition value will be the amount actually paid by the taxpayer.
Acquisition value of the fully paid shares.
In the case of fully paid-up shares, the acquisition value, both of these and the corresponding ones, will be the result of dividing the total cost among the number of titles, both the old ones and the corresponding released ones. The seniority of these shares will be considered to be that which corresponds to the shares from which they come.
Acquisition value in case of transfers of subscription rights carried out before January 1, 2017
Regulations: Transitional provision twenty-ninth Law Personal Income Tax .
To determine the acquisition value of the securities, the amount obtained from the transfers of subscription rights carried out prior to January 1, 2017 will be deducted, with the exception of the amount of such rights that would have been taxed as capital gain. When all subscription rights have not been transferred, it will be understood that those transferred corresponded to the securities acquired in the first place.
Identification of titles transmitted
Regulations: art. 37.2 Law Personal Income Tax .
In order to be able to individualize the securities sold when not all of those held have been transferred, the Law establishes a special criterion, according to which when there are homogeneous values and not all of them are sold, it is understood that those transferred by the taxpayer are those that were acquired in first place (FIFO criterion).