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A taxpayer inquired whether they could declare a capital loss on shares of a non-listed company undergoing liquidation, which they intend to transfer for a symbolic price. The Directorate General of Taxes (DGT) ruled that the loss is only recognised upon the liquidation of the company or through the sale of the shares.
This ruling clarifies the specific triggers for recognising capital losses in non-listed companies, preventing taxpayers from artificially creating losses through symbolic transfers without actual liquidation or market-based sales.
The tax team reviews your specific situation.
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