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V0677-24 15 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital losses from company dissolution are included in Personal Income Tax upon liquidation

A taxpayer inquired whether they could declare a capital loss resulting from the dissolution of two companies they own. The Directorate General of Taxes (DGT) ruled that while the gain or loss is determined by the difference between the market value of the assets received and their acquisition value, it is only incorporated into the taxable base once the liquidation is completed.

The question raised

Whether a capital loss could already be reflected in the Personal Income Tax (IRPF).

The DGT's ruling

The dissolution and liquidation of a company generates a capital gain or loss for the shareholder. This is calculated as the difference between the market value of the assets and rights received and the acquisition value of the shareholding. However, the inclusion in the savings tax base only occurs in the tax period in which the liquidation of the company takes place.

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