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The taxpayer asks whether they can include in their 2018 Personal Income Tax (IRPF) return capital losses from the sale of shares in 2017 that were not previously reported. The Directorate General for Taxes (DGT) rules that these losses can only be integrated as the securities deemed to be repurchased are transferred and provided that such transfer is final.
This ruling clarifies the timing for offsetting capital losses in cases involving transactions that may be considered repurchases, ensuring that losses are only applied once the disposal of securities is legally and definitively concluded.
The tax team reviews your specific situation.
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