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V2220-17 5 September 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains or losses may be recognised upon the dissolution and liquidation of a company

The taxpayer asks whether a capital loss can be recognised for Personal Income Tax (IRPF) purposes following the dissolution and liquidation of a company in which they held shares. The Directorate General for Taxes (DGT) rules that the difference between the value of the assets received and the acquisition value of the shareholding constitutes a capital gain or loss.

The question raised

Possibility of computing a capital loss in the taxpayer's Personal Income Tax.

The DGT's ruling

The dissolution and liquidation of a company generates a capital gain or loss for the partners pursuant to Article 33.1 of Law 35/2006. The result is determined by the difference between the market value of the assets and rights received and the acquisition value of the shareholding. This difference is included in the savings tax base and is attributed to the tax period in which the liquidation and allocation of assets occurs.

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