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V1140-24 ·23 May 2024 ·consulta-vinculante Medium impact
Tax

Capital loss cannot be recognised upon a company's delisting without its liquidation

A shareholder has enquired whether the delisting of a company from secondary markets allows for the recognition of a capital loss for Personal Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) has ruled that this does not automatically trigger a loss; instead, the dissolution and liquidation of the company are required.

In 6 key points

How it affects those involved

Investors cannot claim tax relief for capital losses simply because a company's shares are no longer traded; the formal liquidation process must be completed to realise the loss.

Lifecycle

2024-05-23PublishedPublished 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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