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An individual enquired whether the cancellation of all their shares in a credit institution, without receiving any consideration, constituted a capital loss. The Directorate General for Taxes (DGT) confirms that it is indeed considered a capital loss.
Cuestión planteada Si la consultante ha obtenido por dicha operación una pérdida patrimonial.
Cuando la reducción de capital amortiza la totalidad de las acciones que el socio posee, el valor de adquisición de las mismas se considera una pérdida patrimonial. Esta pérdida debe imputarse al ejercicio en que se produce la reducción de capital y se integrará en la base imponible del ahorro. El tratamiento fiscal de una eventual sentencia judicial dependerá del alcance y contenido de la misma.
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