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V1233-21 5 May 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · operación acordeón

The capital loss resulting from the total amortization of shares in an accordion operation may be imputed

A shareholder asks whether they can declare the loss from the amortization of their shares following an accordion operation or if they must wait until the received warrants expire. The DGT responds that the loss is imputable in the fiscal year of the capital reduction.

The question raised

Question posed: Whether the taxpayer can reflect the loss corresponding to the amortization of the shares or if, having been assigned another security ("warrant"), it is not appropriate to impute the loss while they remain the holder of said warrants.

The DGT's ruling

Warrants issued to non-professional partners are not considered a return of contributions, and therefore do not affect the calculation of the loss from the amortization of shares. When all shares are amortized without the acquisition value being distributable among remaining homogeneous securities, it is considered a capital loss. This loss must be imputed in the fiscal year of the capital reduction and is included in the savings tax base.

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