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V0248-18 1 February 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Capital losses cannot be offset if homogeneous securities were repurchased in the two months before or after

The taxpayer inquired whether any of their share transfers in 2017 were considered definitive, allowing for the offsetting of a capital loss incurred in February. The DGT ruled that, because repurchases of homogeneous securities occurred within the statutory periods, no definitive transfers took place that would permit the recognition of said loss.

The question raised

Whether any definitive transfer occurred in 2017 that would allow for the integration of the capital loss obtained on February 16 of that year.

The DGT's ruling

Losses from the transfer of securities admitted to trading shall not be accounted for if homogeneous securities are acquired in the two months preceding or following the transfer. These losses may only be integrated as the securities remaining in the assets are transferred and provided that such transfers are definitive, meaning that no new repurchase occurs within the two-month period. To determine a repurchase, comparison criteria must be applied between the share balance following the transfer and the purchases made during the period.

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