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V0363-21 25 February 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdidas patrimoniales

Pending capital losses may be offset if securities transfers are definitive

A taxpayer inquired whether capital losses from previous years could be applied after selling shares in 2020 without repurchasing homogeneous securities. The DGT ruled that it is possible to offset them provided the transfers are definitive and no repurchases occur within the statutory periods.

The question raised

Question posed: Possibility of accounting for the aforementioned capital losses in 2020.

The DGT's ruling

Capital losses not accounted for due to the repurchase of homogeneous securities may be integrated as the securities remaining in the estate are transferred. For this to occur, the transfers must be definitive, which implies that no repurchase of the securities takes place within a period of two months for listed securities or one year for unlisted securities.

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