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Practical manual for Income Tax 2021.

Capital gains not subject to personal income tax

Capital gains subject to inheritance and gift tax

Regulations: Art. 6.4 Law Income Tax

Capital gains derived from the acceptance of donations, inheritances or legacies are declared not subject to the IRPF to avoid double taxation on them, since they are subject to the Inheritance and Gift Tax.

Part of the capital gains generated before January 20, 2006 derived from assets acquired before December 31, 1994 .

Regulations: ninth transitional provision Law IRPF

The portion of capital gains (but not losses) generated before January 20, 2006 derived from assets not affected by economic activities that, as of December 31, 1996, had remained in the taxpayer's assets for a period of time, rounded up, greater than:

  • 5 years , in the case of shares admitted to trading on any of the official secondary securities markets defined in Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments and representing equity participation in companies or entities, with the exception of shares representing the share capital of Real Estate and Mutual Funds Companies.

    Note that Directive 2004/39/EC referred to in the ninth transitional provision of the Personal Income Tax Law has been repealed with effect from January 3, 2017 by Directive 2014/65. / EU of the European Parliament and of the Council, of May 15, 2014, relating to markets in financial instruments. This, in its article 94, provides that references to Directive 2004/39/EC will be understood as references to Directive 2014/65/EU.

  • 10 years , if it concerns real estate and rights thereon or securities of the entities included in the current article 314 of the consolidated text of the Securities Market Law, approved by Royal Legislative Decree 4/2015, of October 23 ( BOE of the 24th), with the exception of shares or participations representing the share capital or assets of Real Estate Investment Companies or Funds.

    Article 108 of Law 24/1988, of July 28, on the Securities Market, together with the rest of its provisions, have been incorporated into the consolidated text of the Securities Market Law, approved by Royal Legislative Decree 4/2015, of October 23.

  • 8 years , for the rest of the assets and rights.

Note: Since 1 January 2015, a maximum and overall limit of 400,000 euros has been established for all assets to which the above applies, which operates on the transfer value. Its application is discussed in the section " Determination of the amount of capital gains or losses " of this chapter.