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A taxpayer asks whether a capital loss can be declared for shares in a company that no longer lists on the stock exchange. The DGT responds that cessation of listing does not automatically result in a loss; dissolution and liquidation of the company are required.
Cuestión planteada Si puede reflejar una pérdida patrimonial en el IRPF.
Para que exista una pérdida patrimonial por disolución de sociedades, debe producirse la liquidación de la misma según la Ley de Sociedades de Capital. La diferencia entre el valor de la cuota de liquidación social y el valor de adquisición del título determinará la ganancia o pérdida. El período impositivo será aquel en que se produzca la liquidación.
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