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V2133-17 17 August 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

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

The taxpayer asks whether the suspension of a company's shares from trading allows for the declaration of a capital loss and how to offset it. The DGT rules that the dissolution and liquidation of the company are required for such a loss to occur.

The question raised

Whether a capital loss may be reflected in the Personal Income Tax, and until which fiscal year the capital loss may be offset.

The DGT's ruling

The suspension of contributions does not in itself constitute a capital loss; for such a loss to exist, the dissolution and liquidation of the company must occur. The loss is computed in the tax period in which the liquidation takes place, calculating the difference between the value of the liquidation quota and the acquisition value. These losses are integrated into the savings tax base and may be offset against income from movable capital or capital gains, subject to a limit of 25% of the positive balance, with the ability to carry forward the negative balance for the following four years.

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