Skip to content
Back to index
V0834-24 22 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Delisting of a company does not automatically result in a capital loss for shareholders

A shareholder inquired whether the delisting of a company's shares allows for the recognition of a capital loss for Personal Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) responded that this does not trigger a loss automatically; instead, the dissolution and liquidation of the company are required.

The question raised

Whether it could reflect a capital loss for Personal Income Tax purposes.

The DGT's ruling

The exclusion from trading on an official secondary market does not automatically entail a capital loss for the shareholders. For a loss to exist under Article 37.1, e) of the Personal Income Tax Law (LIRPF), the dissolution and liquidation of the company must occur. The tax period shall be that in which the liquidation takes place, which is the moment the change in assets is considered to have occurred. The result shall be included in the savings tax base.

Book your free first meeting