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V0035-24 13 February 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital loss may be declared upon dissolution of a company with zero liquidation quota

A shareholder of a company in insolvency proceedings has requested guidance on how to calculate and offset the loss resulting from the company's liquidation. The Directorate General for Taxes (DGT) has clarified that the loss is the difference between the acquisition value and the liquidation quota, which in this instance is zero.

The question raised

Method for calculating the capital loss in the taxpayer's Personal Income Tax (IRPF) as a consequence of the dissolution and liquidation of the company and the possibility of offsetting said loss.

The DGT's ruling

The dissolution of the company following insolvency proceedings generates a capital loss arising from the difference between the acquisition value of the shares and the liquidation quota. This loss must be attributed to the tax period in which the change in assets occurs, understood to be the judicial order of dissolution. As it constitutes savings income, its integration and offsetting are governed by the rules for offsetting negative balances of the savings tax base.

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