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A taxpayer inquired whether the delisting of a company undergoing insolvency proceedings allows for the declaration of a capital loss for Personal Income Tax (IRPF) purposes. The Directorate General of Taxes (DGT) ruled that the dissolution and liquidation of the company must occur for such a loss to be recognised.
This ruling clarifies that shareholders cannot claim tax relief for capital losses solely based on a company's delisting or insolvency status; the formal legal process of liquidation is a prerequisite.
The tax team reviews your specific situation.
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