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V1237-20 4 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Dissolution and liquidation of a company generates a capital gain or loss for the shareholder

A taxpayer asks how to declare in Personal Income Tax (IRPF) the funds received following the dissolution and liquidation of a company in which they held shares. The Directorate General of Taxes (DGT) responds that the transaction results in a capital gain or loss.

The question raised

Method of reflecting said operation in the 2019 Personal Income Tax return.

The DGT's ruling

The difference between the market value of the assets received and the acquisition value of the share constitutes a capital gain or loss. This must be included in the savings tax base. The substantiation of the value and the date of acquisition may be carried out by any means of proof admitted in Law.

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