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V1083-21 23 April 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Capital losses from the sale of inherited property may be offset against savings income

The taxpayer asks whether a capital loss incurred in 2018 from the sale of an inherited property can be offset in their 2020 tax return. The Directorate General for Taxes (DGT) rules that such a loss is included in the savings tax base and can be offset against capital gains obtained.

The question raised

Whether the capital loss derived from the transfer of the real estate property generated in 2018 may be offset in the 2020 Personal Income Tax (IRPF) return.

The DGT's ruling

The capital loss resulting from the transfer of inherited housing constitutes savings income pursuant to Article 46 of the Personal Income Tax Law (LIRPF). This loss may be offset against capital gains from the same tax period or, should a negative balance persist, against the positive balance of savings income in the following four years, in accordance with Article 49 of the Law.

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