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A taxpayer inquired whether certain losses from the sale of shares could be included in their 2022 Personal Income Tax (IRPF) return. The Directorate General for Taxes (DGT) ruled that such losses cannot be offset if homogeneous securities are acquired within a two-month period before or after the disposal.
This ruling clarifies the restrictions on offsetting capital losses to prevent tax avoidance through rapid repurchase of similar assets.
The tax team reviews your specific situation.
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