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V0812-14 24 March 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital mobiliario

Declaration required to offset negative capital gains in subsequent years

The taxpayer incurred negative capital gains in 2012 but did not file a declaration as not required. The query is whether these losses can be offset by positive gains in 2013.

The question raised

Whether, in the event that positive returns on movable capital are obtained in 2013 to be integrated into the savings tax base, the same could be offset against the negative returns obtained in 2012, despite not having filed a tax return due to not being required to do so.

The DGT's ruling

In order to offset negative balances of the savings tax base with positive balances from the following four years, it is necessary to file the tax return corresponding to the fiscal year in which the negative returns were obtained. Although obtaining negative returns does not determine the obligation to file a return, the failure to file prevents the exercise of the right to future compensation provided for in Article 49.1.a) of the Personal Income Tax Law (LIRPF).

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