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V1974-22 16 September 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Dissolution and liquidation of a company required to recognise capital loss on shares

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.

The question raised

Possibility of calculating a capital loss.

The DGT's ruling

To calculate a capital loss due to the dissolution of companies pursuant to Article 37.1, e) of the Personal Income Tax Law, the dissolution and liquidation of the entity must first take place. The tax period in which the change in assets is considered to have occurred is that in which the liquidation of the company takes place.

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