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V1754-20 3 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Capital losses from share sales cannot be offset if homogeneous securities are repurchased within the statutory period

A taxpayer inquired whether they could declare capital losses from the sale of shares in two companies in 2019. The DGT ruled that this is not permitted because the taxpayer repurchased homogeneous securities within the two-month period established by law.

The question raised

Question posed: Whether the capital losses derived from the sale of those shares can be integrated into the 2019 Personal Income Tax (IRPF) return.

The DGT's ruling

The transfers of securities admitted to trading shall not be computed as capital losses when homogeneous securities are acquired within the two months preceding or following the transfer. For the loss to be integrated, the transfer must be definitive; that is, the repurchase of the securities must not occur within the specified period. In this case, as the shares of companies A and B were repurchased within the legal timeframes, losses cannot be reflected in the 2019 tax period.

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What is published here, applied to a company or a specific case. The first meeting is free.

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