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V1196-25 2 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · reducción de capital

Full write-off of shares due to capital reduction results in a patrimonial loss

A taxpayer asks whether a judicial dismissal in 2024 of a claim against amortised Banco Popular shares from 2017 results in a patrimonial loss. The DGT responds that the loss occurred in 2017 when the shares were amortised, not with the 2024 judgment.

The question raised

Existence of a capital loss for Personal Income Tax purposes.

The DGT's ruling

When a capital reduction amortizes all of a shareholder's shares, the acquisition value of said shares is considered a capital loss. This loss must be attributed to the fiscal year in which the capital reduction occurred, in this case 2017, and not to the fiscal year of a subsequent judicial ruling. The loss is included in the savings tax base pursuant to article 49.1.b) of the Personal Income Tax Law.

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