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V1214-20 4 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · renta del ahorro

Losses from share sales can be offset against gains from share donations

A taxpayer inquired whether losses incurred from selling shares can be offset against gains arising from the donation of other shares. The Directorate General for Taxes (DGT) ruled that both constitute savings income and are therefore offsettable against one another.

The question raised

1) Possibility of offsetting the capital gain obtained from the donation of shares against the potential capital loss derived from the transfer of other shares in their securities portfolio.

The DGT's ruling

Capital gains and losses derived from the disposal of shares and the donation of other shares are considered savings income. Upon being integrated into the savings tax base, the loss from the sale of shares may be offset against the gain obtained from the donation of the other shares. The donation of money, however, does not generate a capital gain or loss for the donor.

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