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V1085-19 21 May 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Suspension of a company's trading cannot alone be used to calculate a capital loss

A taxpayer inquired whether they could declare a capital loss for holding shares in a company whose trading has been suspended. The DGT ruled that suspension does not automatically trigger a loss; instead, the dissolution and liquidation of the company are required.

The question raised

Whether it is possible to report a capital loss in the Personal Income Tax.

The DGT's ruling

The suspension of the trading of shares does not automatically entail the existence of a capital loss for the shareholders. For a loss to occur pursuant to Article 37.1, e) of the Personal Income Tax Law (LIRPF), the dissolution and liquidation of the company must have previously taken place. The tax period shall be that in which the liquidation occurs, which is the moment when the change in assets is deemed to have occurred.

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