We analyze the new tax scenario for family businesses in elEconomista

The legal and tax-focused outlet elEconomista has once again featured CIM Tax & Legal in its recent article titled "The Supreme Court Complicates the 95% Tax Exemption for Family Business Donations," written by journalist Eva Díaz. On this occasion, Carlos Muñoz Juanpere, partner at CIM Tax & Legal, analyzes the impact of a key Supreme Court ruling on family businesses.

The court’s decision establishes that the requirements to apply the 95% tax exemption on donations must be met on the exact date of the donation and not at the close of the fiscal year. This change in criteria demands much more precise planning, as any unforeseen variation in the donor's circumstances could jeopardize the tax benefits associated with the transfer.

Carlos Muñoz highlights that this ruling underscores the importance of carefully reviewing donation operations within family businesses to avoid losing both the tax exemption and capital gains taxation benefits. Furthermore, he emphasizes that spontaneity in such transfers is now limited, as any unexpected income, such as compensation in kind, could alter the requirements and lead to significant negative tax consequences.

If you want to learn more about this important development, we invite you to read the full article.

At CIM Tax & Legal, we remain committed to excellence and adapting to regulatory changes, offering our clients effective and secure tax solutions.

We thank elEconomista for once again placing their trust in our professionals.