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V1975-18 2 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Suspension of a company's trading status does not automatically trigger a capital loss for shareholders

A taxpayer inquired whether the suspension of a company's shares from trading allows for the recognition of a capital loss. The DGT ruled that for such a loss to be recognised, the company must undergo dissolution and liquidation.

The question raised

Tax treatment in Personal Income Tax.

The DGT's ruling

The suspension of trading does not automatically entail a capital loss; for this purpose, the dissolution and liquidation of the company must take place. In the liquidation, the gain or loss is determined by the difference between the value of the social liquidation quota or the market value of the assets received and the acquisition value. On the other hand, the sale of shares generates a capital gain or loss based on the difference between the acquisition and transfer values.

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