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The consultant asks whether negative returns from preferential shares in 2015 and 2016 can be offset by capital gains from share sales. The DGT responds that negative balances from preferential shares generated before 2015 can be offset by positive patrimonial gains and losses, provided the four-year period has not expired.
Question posed: Whether in 2015 and 2016 such negative returns may be offset against capital gains obtained from the sale of shares.
Negative returns on movable capital derived from preferred shares (pursuant to Law 13/1985) generated prior to January 1, 2015, may be offset against the positive balance of capital gains and losses under article 49.1.b). This offset is possible provided that the four-year period provided for in article 49.1 has not expired. For the tax period 2015 and subsequent years, if there is a negative balance from letter a) generated before 2015, it may be offset against the positive balance of letter b) of the same period.
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