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V1899-23 30 June 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · renta negativa

Negative income from transfer of shares cannot be taxed if exemption conditions met

A company asked whether it could deduct the loss from selling 10% of its shares to a sole shareholder. The DGT responds that, as the transfer meets the exemption conditions under Article 21 of the LIS, the negative income cannot be included in the taxable base.

The question raised

Whether the consulting entity could fiscally impute the negative income generated in the transfer of shares in X during the tax period in which it transfers the shares to its sole shareholder, a natural person.

The DGT's ruling

Negative income derived from the transfer of shares in an entity shall not be included in the tax base if the exemption requirements established in Article 21.3 of the LIS are met. In this case, as the holding meets the requirements of said paragraph, the negative income from the transfer of entity X may not be included in the tax base of the consulting entity.

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