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A taxpayer inquired whether they could declare a capital loss for holding shares in a company whose trading has been suspended. The DGT ruled that suspension does not automatically generate a loss; instead, the dissolution and liquidation of the company are required.
Question posed: Whether it is possible to reflect a capital loss in the Personal Income Tax.
To compute a capital loss due to the dissolution of companies, the dissolution and liquidation of the company must have previously occurred. The tax period shall be that in which the liquidation takes place. On the other hand, the sale of shares generates a capital gain or loss based on the difference between the acquisition and transfer values.
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