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A taxpayer asks whether they can recognise a capital loss from holding shares in a company that is both in insolvency proceedings and has been dissolved. The DGT rules that for a capital loss to be recognised, the liquidation of the company must take place.
Cuestión planteada Posibilidad de computar una pérdida patrimonial.
Para computar una pérdida patrimonial por disolución de sociedades según el artículo 37.1, e) de la Ley del IRPF, debe procederse previamente a la disolución y liquidación de la entidad. El período impositivo en el que se considera producida la alteración patrimonial es aquel en el que se produzca la liquidación de la sociedad.
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