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V0094-20 17 January 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · renta del ahorro

Losses from property sales can be offset against gains from share sales

A taxpayer has enquired whether a capital loss from the sale of real estate can be offset against a capital gain from the sale of shares in an unlisted company. The Directorate General for Taxes (DGT) has ruled that both transactions are classified as savings income and are therefore offsettable against each other.

The question raised

Possibility of offsetting the capital gain obtained from the transfer of shares against the potential capital loss derived from the transfer of the real estate.

The DGT's ruling

Capital gains and losses derived from the transfer of real estate and shares constitute savings income. Pursuant to Article 49 of the Personal Income Tax Law (LIRPF), capital losses are included in the savings tax base and may be offset against capital gains obtained within the same tax period. Consequently, the loss from the transfer of the real estate may be offset against the gain from the transfer of the shares.

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