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V0547-24 9 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Capital losses from 2022 cannot be offset against capital gains from 2004

A taxpayer inquired whether a loss from the sale of a property in 2022 could be offset against a capital gain from an investment fund in 2004. The Directorate General for Taxes (DGT) ruled that capital losses can only be carried forward to offset gains within the following four tax years.

The question raised

1st Possibility of offsetting said capital loss. Specifically, whether it is possible to offset it against a capital gain obtained from the sale of an investment fund in 2004.

The DGT's ruling

Capital losses from 2022 may only be offset in the following four years (2023 to 2026). It is not possible to offset them against gains from 2004 as the period has expired. In joint taxation, spouses may offset capital gains and losses obtained in the same tax period against each other.

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