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V0947-25 29 May 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Suspension of share trading does not automatically cause patrimonial loss for a shareholder

The consultant asks about the tax treatment of shares in a company with suspended trading that wishes to be transferred. The DGT responds that suspension does not imply an automatic patrimonial loss, and that such a loss only arises in cases of dissolution and liquidation or transfer to a third party.

The question raised

Tax treatment under Personal Income Tax.

The DGT's ruling

The suspension of contributions does not in itself constitute a capital loss; to calculate a loss pursuant to Article 37.1, e) of the Personal Income Tax Law, the dissolution and liquidation of the company must occur. Alternatively, the sale of shares to a third party generates a capital gain or loss based on the difference between the transfer value and the acquisition value. Both results are integrated into the savings tax base.

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