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A query was made regarding which tax year should be used to declare the capital gain or loss arising from a shareholder's right of separation due to the non-distribution of dividends. The Directorate General for Taxes (DGT) ruled that such result is attributed to the tax year in which the reimbursement of the shares is carried out.
Cuestión planteada Ejercicio al que debe imputarse la ganancia o pérdida patrimonial correspondiente a la separación de la sociedad.
La diferencia entre el valor de la cuota de liquidación social o el valor de mercado de los bienes recibidos y el valor de adquisición de la participación constituye una ganancia o pérdida patrimonial. Esta renta del ahorro debe imputarse al ejercicio fiscal en el que se produzca el reembolso de las participaciones sociales, conforme a los plazos establecidos en la Ley de Sociedades de Capital.
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