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V1730-24 15 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Suspension of a company's trading status does not automatically trigger a capital loss for shareholders

A taxpayer inquired whether the suspension of a company's shares from trading allows for the recognition of a capital loss. The DGT ruled that a loss only occurs through a sale to a third party or following the dissolution and liquidation of the company.

The question raised

Tax treatment under Personal Income Tax.

The DGT's ruling

The suspension of contributions does not in itself constitute a capital loss; for this purpose, the dissolution and liquidation of the company is required. In the event of liquidation, the loss is computed in the tax period in which it occurs. Alternatively, the sale of shares to a third party generates a gain or loss based on the difference between the acquisition value and the transfer value.

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