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V0624-24 11 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia o pérdida patrimonial

Losses on share sales are not recognised if homogeneous securities are acquired within two months

A query was raised regarding whether the two-month period stipulated in Article 33.5.f) of the Personal Income Tax Law (LIRPF) applies to the total sale of shares. The Directorate General for Taxes (DGT) ruled that if homogeneous securities are acquired within this timeframe, the loss is not immediately recognised for tax purposes.

The question raised

Question posed: Whether the two-month period established in Article 33.5.f) of the Personal Income Tax Law must be taken into account when a total sale of the shares held by the taxpayer occurs.

The DGT's ruling

If the taxpayer acquires homogeneous securities within the two months preceding or following the transfer of shares admitted to trading, the capital loss shall not be recognized. Said loss shall only be integrated as the securities remaining in the assets are transferred. If no homogeneous securities are acquired within that period, the loss may be recognized in the tax period of the transfer.

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