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V0679-16 19 February 2016 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · valores homogéneos

Fully paid-up bonus shares are not considered an acquisition of homogeneous securities for loss calculation purposes

The taxpayer asks whether shares received through the settlement of a financial contract and fully paid-up bonus shares are considered acquisitions of homogeneous securities. The DGT rules that the former are, but the latter are not, as they do not involve a replacement of assets.

The question raised

Whether the shares received in the settlement of the forward financial contract (A) and those resulting from the issuance by the credit institution (B) are considered acquisitions of homogeneous securities for the purposes of the rules for calculating losses arising from the aforementioned sales.

The DGT's ruling

The settlement of a financial contract through the delivery of shares constitutes an acquisition of securities on the delivery date, being homogeneous with shares previously sold if the time limits are met. However, the delivery of fully paid-up shares does not constitute an acquisition of homogeneous securities pursuant to Article 33.5.f) of Law 35/2006, as these maintain the date and cost of the shares from which they originate. Therefore, the receipt of fully paid-up shares does not prevent the calculation of the capital loss resulting from the sale of the original shares.

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