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The consultant asks whether losses from the sale of shares in a listed company can be claimed. The DGT responds that losses are not immediately recognised if homogenous shares are acquired within two months before or after the sale.
Question posed: Whether the capital losses derived from the sale of those shares may be integrated into the 2025 Personal Income Tax return.
Losses from the transfer of securities admitted to trading are not recognized if the taxpayer acquires homogeneous securities in the two months preceding or following the sale. In such cases, the loss shall only be integrated as the securities remaining in the assets are transferred. For the loss to be integrable, the transfers must be definitive and no repurchase must occur within the timeframes established by Law.
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