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V2458-14 18 September 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Losses from company liquidation can be offset against capital gains in the savings tax base

A shareholder has enquired whether a loss incurred from the liquidation of their company can be offset against gains from other securities. The Directorate General for Taxes (DGT) has ruled that the difference between the value of the assets received and their acquisition value constitutes a capital loss that can be offset within the savings tax base.

The question raised

Whether the potential loss derived from the liquidation of the company can be offset against capital gains derived from the sale of other securities

The DGT's ruling

The liquidation of a company generates a capital gain or loss based on the difference between the market value of the assets received and the acquisition value of the shareholding. This loss is offset against capital gains from the savings tax base of the same period. If the result is negative, it may be offset against gains from the following four years. However, if the shares were acquired less than one year prior, they are integrated into the general tax base.

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