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A shareholder inquired whether they could report a capital loss following the delisting of their company, which is currently in the process of liquidation. The Directorate General for Taxes (DGT) ruled that the cessation of trading does not automatically generate a loss; instead, the effective liquidation of the company is required.
Cuestión planteada Si puede reflejar una pérdida patrimonial en la declaración del IRPF de 2019.
El cese de cotización en el mercado secundario no comporta de forma automática una pérdida patrimonial para los socios. Para computar la ganancia o pérdida según el artículo 37.1, e) de la LIRPF, debe procederse previamente a la disolución y liquidación de la sociedad. El período impositivo será aquel en que se produzca la liquidación, momento en que se considera la alteración patrimonial.
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