Skip to content
Back to index
V1194-25 2 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss recognised on share amortisation in year of capital reduction

A taxpayer asks whether a loss on bank share amortisation following a judicial ruling can be recorded. The DGT states the loss arose in 2017 when shares were amortised, and the reversal of the judicial ruling does not create a patrimonial gain.

The question raised

Having the sentence become final in 2024, the question is raised regarding the possible calculation of a capital loss.

The DGT's ruling

The write-off of all shares in a company is considered a capital loss based on their acquisition value. This loss must be attributed to the tax year in which the change in assets occurred, that is, when the capital reduction took place. The existence of a judicial sentence ordering compensation does not alter this calculation if the resolution is revoked, as the failure to obtain the compensation means no capital gain is realized.

Book your free first meeting