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V2127-25 11 November 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Ownership exclusion does not imply patrimonial loss without prior dissolution and liquidation

A taxpayer asks whether a patrimonial loss can be declared for holding shares in a company in liquidation and excluded from listing. The DGT responds that exclusion or removal from the register of account entries does not imply transfer of shares or loss of ownership.

The question raised

Whether a capital loss may be reflected in the Personal Income Tax (IRPF).

The DGT's ruling

For a capital loss due to the dissolution of companies to exist, the dissolution and liquidation of the company must have previously occurred. The change in assets is considered to have occurred in the tax period in which the liquidation is carried out. The exclusion from trading or the cancellation of the entry in the registry of book-entry securities does not imply the transfer of the securities nor the loss of ownership.

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