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V0571-21 ·11 March 2021 ·consulta-vinculante Medium impact
Tax

Capital losses on share sales may be recognised if the transfer is definitive and no repurchase occurs

The taxpayer asks whether capital losses from the sale of shares in 2020 can be recognised if there were no subsequent movements in 2021. The DGT explains that losses cannot be recognised if homogeneous securities are acquired within the two months preceding or following the sale.

In 6 key points

How it affects those involved

This ruling clarifies the conditions under which capital losses on securities can be tax-deductible, specifically highlighting the impact of subsequent acquisitions of similar assets on the ability to claim such losses.

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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