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V1357-19 10 June 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Losses from share sales cannot be offset if homogeneous securities are repurchased within the legal period

A taxpayer inquired whether they could declare a loss from the sale of shares in 2018 after repurchasing shares in the same company shortly thereafter. The Directorate General for Taxes (DGT) ruled that if the securities are homogeneous, the loss cannot be recognised at that time.

The question raised

Whether the capital loss derived from the transfer of shares may be included in the Personal Income Tax for the 2018 tax period.

The DGT's ruling

If homogeneous securities are acquired in the two months following the transfer of securities admitted to trading, or in the following year if they are not, the loss is not recognized immediately. The loss may only be computed when the repurchased securities are definitively transferred, provided that homogeneous securities are not reacquired within the legal timeframes. In this case, by repurchasing shares of the same company in less than two months, the loss from the 352 original shares is not computable in 2018.

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