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An shareholder took part in a accordion transaction where subscription rights were sold on the market. The tax authority determines that the loss from capital reduction, the gain from selling rights, and the indemnity received due to a financial institution error have different tax treatments.
Question posed: Classification and method of integration into Personal Income Tax of the compensation received.
The loss resulting from the amortization of shares is included in the savings tax base. The gain from the sale of subscription rights is also included in the savings tax base. The compensation received for the economic loss caused by the failure to execute the subscription order is classified as a capital gain that must be included in the general tax base.
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