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A taxpayer enquired whether a capital loss from the sale of shares in 2020 could be applied, following the receipt of shares through a fully paid capital increase and the subsequent repurchase of shares in February 2021. The DGT ruled that the repurchase of shares within the two months following a sale prevents the recognition of the capital loss on those specific shares.
Question posed: Whether the aforementioned capital loss may be recognized in the Personal Income Tax (IRPF) for the 2020 tax period.
The capital loss resulting from the transfer of securities admitted to trading shall not be recognized if homogeneous securities are acquired in the two months preceding or following the transfer. In this instance, the repurchase of 2,000 shares in February 2021 prevents the imputation of the loss on those shares in the period of the transfer. Only the loss corresponding to the 1,008 shares that were not subject to repurchase may be recognized. To identify the transferred shares, it is assumed that those acquired previously are sold first.
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