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V0569-21 ·11 March 2021 ·consulta-vinculante Medium impact
Tax

Capital losses from share sales cannot be recognised if similar securities were repurchased within two months before or after

A taxpayer inquired whether capital losses from share sales in 2020 could be recognised if no transactions occurred in 2021. The DGT ruled that if similar securities were acquired within two months before or after the disposal, the loss cannot be recognised immediately; instead, it must be recognised gradually as the remaining securities are disposed of.

In 6 key points

How it affects those involved

This ruling affects the timing of tax relief for capital losses, preventing taxpayers from offsetting losses immediately if they maintain a similar position in the market through recent or subsequent repurchases.

Lifecycle

2021-03-11PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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