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V2547-22 ·15 December 2022 ·consulta-vinculante Medium impact
Tax

Dissolution and liquidation of a company required to claim capital loss on shares

A taxpayer inquired whether they could declare a capital loss for holding shares in a company in insolvency proceedings with zero value. The DGT ruled that for a loss to be recognised, the company must first undergo dissolution and liquidation.

In 5 key points

How it affects those involved

This ruling clarifies that the mere insolvency or zero valuation of shares is insufficient to trigger a capital loss for tax purposes; the formal legal process of winding up the company is a prerequisite.

Lifecycle

2022-12-15PublishedPublished 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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