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V0907-24 24 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Delisting does not automatically trigger a capital loss without the liquidation of the company

The taxpayer asks 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) responds that a loss can only be recognised if the company is dissolved and liquidated.

The question raised

Whether it could reflect a capital loss in the Personal Income Tax (IRPF).

The DGT's ruling

The exclusion from trading on secondary markets does not automatically generate a capital loss for the shareholders. For a capital loss to exist pursuant to 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 deemed to have occurred. Such gains or losses shall be included in the savings tax base.

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