Skip to content
Back to index
V1253-18 14 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital loss from company liquidation is recognised in the tax year of the final payment or when liquidation is confirmed closed

A taxpayer has enquired as to which tax year should be used to declare a capital loss arising from the liquidation of a US company, following payments received across different years. The DGT has ruled that the loss must be recognised in the tax year when the final liquidation instalment is paid, or when it is confirmed that such payment is definitive.

The question raised

The tax year or tax years to which the capital loss obtained must be attributed.

The DGT's ruling

The capital gain or loss arising from the dissolution of companies is the difference between the market value of the assets received and the acquisition value of the shareholding. If the payments are installments on account of a liquidation amount not yet determined, the loss must be attributed to the tax year in which the final payment is made, or to the tax year in which it is confirmed that said payment is the final one upon completion of the liquidation.

Book your free first meeting