Summary table of special rules

The profit or loss will be determined by the difference between the acquisition value and the transfer value, the latter determined by the price on the date of transfer or the agreed price when it is higher.

The acquisition value will be reduced by the amount obtained from the transfers of subscription rights made prior to January 1, 2017, with the exception of the amount of such rights that would have been taxed as capital gains.

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 greater of:

  • The value of the net assets corresponding to the transferred securities resulting from the entity's last balance sheet closed prior to the date of accrual of personal income tax.
  • The value resulting from capitalizing at 20% the average of the profits of the last three fiscal years closed prior to the date of accrual of personal income tax.

The amount obtained from the transfer of subscription rights derived from securities not admitted to trading and, since January 1, 2017, from those admitted to trading is considered capital gain for the transferor in the tax period in which said transfer occurs.

The withholding tax 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 transfer value, the latter being,

• The net asset value and, if none exists
• The value of the net assets corresponding to the shares or interests transferred resulting from the last closed balance sheet (in the case of redemption of interests).

When an 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 date of acquisition of those transferred.

It applies to Spanish investment funds and those established in another EU country registered with CNMV.

It does not apply to listed investment funds or listed index SICAV shares, nor when the amount of the refund 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 corporate interests received.
• Market value of the securities received.
• Market value of the asset or right contributed.

Special tax deferral regime for certain contributions.

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

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

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 securities, cash or rights received or the market value of those delivered.

Special tax deferral regime in certain cases.

The capital gain will be computed for the transferor for the amount that corresponds to him in 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 asset or right delivered.
• The market value of the good or right received in exchange.

Special case: exchange of land for apartments or premises to be built on it. Special tax deferral regime for the exchange of shares in certain cases.

For the person obliged to pay rent, the difference between the acquisition value of the capital received (in movable or immovable property) and the rents paid.

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

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

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

• The transfer value (which in the event of termination of the right is zero).
• The acquisition value must be reduced by the amortization deducted if the right was leased.

If the right is established on real estate that does not generate real estate capital returns, the right is consumed by use, so the acquisition value must be reduced proportionally to the time of use.

The market value of these assets will be computed as capital gains.

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 will be determined by:

Acquisition value (or production cost or impact value)

further: Improvements

less: Depreciation + prior disposals + losses

The reduction coefficients of the transitional regime are not applicable to capital gains obtained.