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V1027-20 ·24 April 2020 ·consulta-vinculante Medium impact
Tax

Losses from share sales may be offset if no similar securities are repurchased within two months

The taxpayer sought clarification on whether a capital loss arising from the sale of shares following a fully paid bonus issue could be declared. The DGT ruled that the acquisition value is calculated by dividing the total cost between the original shares and the newly issued bonus shares. Furthermore, the loss is deductible provided that no similar securities have been acquired within the two months preceding or following the sale.

In 6 key points

How it affects those involved

This ruling clarifies the calculation method for acquisition costs in bonus issues and reinforces the 'wash sale' rule regarding the two-month window for similar securities to ensure loss deductibility.

Lifecycle

2020-04-24PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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