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V1577-17 19 June 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

The suspension of a company's listing does not automatically generate a capital loss

The taxpayer asks whether they can declare a capital loss as a shareholder of a company whose listing has been suspended. The DGT responds that the suspension of listing does not automatically generate a loss, as the dissolution and liquidation of the company are required.

The question raised

Question posed: Whether a capital loss can be reflected in the Personal Income Tax.

The DGT's ruling

The suspension of the listing of shares does not automatically entail the existence of a capital loss for the partners. For a loss to occur pursuant to Article 37.1, e) of the LIRPF, the dissolution and liquidation of the company must first take place. The tax period shall be that in which the liquidation occurs, which is the moment the change in assets is considered to have taken place.

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