Skip to content
Back to index
V1705-18 14 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

The suspension of a company's trading does not automatically generate a capital loss for the shareholder

A taxpayer asks whether they can declare a capital loss for holding shares in a company whose trading has been suspended. The DGT responds that the suspension is insufficient and that the dissolution and liquidation of the company are necessary for such a loss to occur.

The question raised

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

The DGT's ruling

The suspension of the trading of shares does not automatically entail the existence of a capital loss for the shareholders. To calculate a capital loss due to dissolution, the dissolution and liquidation of the company must first take place. The tax period shall be that in which the liquidation occurs, the moment at which the change in assets is considered to have taken place. Alternatively, the sale of the shares will also generate a capital gain or loss based on the difference between the acquisition and transfer values.

Book your free first meeting