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V0786-20 ·7 April 2020 ·consulta-vinculante Medium impact
Tax

Capital losses from share sales cannot be offset if homogeneous securities are repurchased within prohibited timeframes

A taxpayer inquired whether they could declare capital losses from the sale of shares in 2019. The DGT ruled that this is not permitted, as the purchase and sale of shares in the same company are considered the repurchase of homogeneous securities within prohibited periods.

In 5 key points

How it affects those involved

Taxpayers must be aware that rapid turnover of similar assets can trigger anti-avoidance rules, preventing the recognition of capital losses for tax purposes.

Lifecycle

2020-04-07PublishedPublished 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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