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A taxpayer inquired whether certain capital losses from share sales in 2022 could be applied. The DGT ruled that the law prohibits accounting for these losses if homogeneous securities are acquired within the two months preceding or following the transfer.
Question posed: Whether any of the aforementioned capital losses may be computed in the Personal Income Tax (IRPF) for the 2022 tax period.
Losses from the transfer of securities admitted to trading are not recognized if a repurchase of homogeneous securities is carried out in the two months preceding or following the transaction. These losses may only be integrated as the securities considered a repurchase are definitively transferred. For a transfer to be considered definitive, no new repurchase must occur within the two-month period.
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