Skip to content
Back to index
V1411-23 25 May 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Dissolution and liquidation of a company required to recognise a capital loss on shares

A taxpayer asks whether they can recognise a capital loss from holding shares in a company undergoing insolvency proceedings. The DGT rules that, to apply Article 37.1.e) of the Personal Income Tax Law, the dissolution and liquidation of the company must first take place.

The question raised

Possibility of computing a capital loss for Personal Income Tax purposes.

The DGT's ruling

In order to be considered a capital loss pursuant to Article 37.1.e) of the Personal Income Tax Law, the dissolution and liquidation of the company must have previously taken place. The change in assets that determines the loss is deemed to have occurred in the tax period in which said liquidation is carried out. The resulting loss shall be included in the savings tax base.

Book your free first meeting