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A taxpayer inquired whether the cancellation of all their shares in a credit institution, without receiving any consideration, constitutes a capital loss. The Directorate General of Taxes (DGT) ruled that it is indeed considered a capital loss.
Cuestión planteada Si la consultante ha obtenido por dicha operación una pérdida patrimonial.
Al amortizarse la totalidad de las acciones que el socio posee en la sociedad, el valor de adquisición no puede distribuirse entre valores homogéneos restantes. Por tanto, se considera pérdida patrimonial el valor de adquisición de las acciones amortizadas. Esta pérdida debe imputarse al ejercicio de la reducción de capital e integrarse en la base imponible del ahorro.
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