Skip to content
Back to index
V0165-18 29 January 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Suspension of share trading alone does not constitute a capital loss

A taxpayer inquired whether they could declare a capital loss for holding shares in a company undergoing liquidation and another whose trading has been suspended. The Directorate General of Taxes (DGT) ruled that the suspension of trading does not automatically trigger a loss; instead, the dissolution and liquidation of the company are required.

The question raised

Whether a capital loss may be reported in the Personal Income Tax.

The DGT's ruling

The suspension of the trading of shares does not automatically entail the existence of a capital loss for the shareholders. To calculate a capital loss pursuant to Article 37.1, e) of the Personal Income Tax Law (LIRPF), the dissolution and liquidation of the company must first take place. The tax period shall be that in which the liquidation occurs, which is the moment when the change in assets is considered to have taken place. These gains or losses shall be included in the savings tax base.

Book your free first meeting