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V1294-22 7 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Losses from share sales may be recognised if the transfer is final and no repurchase occurs within the following two months

The taxpayer asks whether losses from the sale of shares can be accounted for in the 2021 Personal Income Tax (IRPF) return. The Directorate General for Taxes (DGT) rules that losses resulting from repurchases within the two months preceding or following the sale are not recognised immediately, but rather as the securities are definitively transferred.

The question raised

Whether any of the aforementioned capital losses may be accounted for in the Personal Income Tax (IRPF) for the 2021 tax period.

The DGT's ruling

Losses from the transfer of securities admitted to trading are not accounted for if homogeneous securities are acquired in the two months preceding or following the transfer. These losses shall be integrated as the securities remaining in the assets are transferred. For the loss to be integrated, the transfer must be definitive; that is, no new repurchase must occur in the following two months. In the case of homogeneous securities, it is considered that those acquired previously are transferred first.

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