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V2116-22 ·6 October 2022 ·consulta-vinculante Medium impact
Tax

Limitation on calculating capital losses through the repurchase of homogeneous securities within a two-month period

The taxpayer inquires about applying the rule that prevents the recognition of capital losses when homogeneous securities are repurchased within two months before or after a disposal. The DGT clarifies that the loss is not immediately recognised if a repurchase occurs; instead, it can only be offset as the securities remaining in the taxpayer's assets are disposed of.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment of capital losses in scenarios involving the repurchase of similar assets, preventing immediate loss recognition and requiring a gradual offset based on subsequent disposals.

Lifecycle

2022-10-06PublishedPublished 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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