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V1140-24 23 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Capital loss cannot be recognised upon a company's delisting without its liquidation

A shareholder has enquired whether the delisting of a company from secondary markets allows for the recognition of a capital loss for Personal Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) has ruled that this does not automatically trigger a loss; instead, the dissolution and liquidation of the company are required.

The question raised

Whether it could reflect a capital loss for Personal Income Tax (IRPF) purposes.

The DGT's ruling

The exclusion from trading of a company does not automatically entail 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 the change in assets is deemed to have taken place. The result shall be included in the savings tax base.

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