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V2482-25 12 December 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia o pérdida patrimonial

Decline in share listing does not imply patrimonial loss without dissolution and liquidation

The consultant asks whether a patrimonial loss should be recorded for holding shares in a company in payment suspension that no longer trades. The DGT replies that the absence of listing does not automatically result in a loss, dissolution and liquidation being required.

The question raised

Whether it is possible to report a capital loss in the Personal Income Tax (IRPF).

The DGT's ruling

The removal from registration or the exclusion of securities from a securities account does not imply the transfer or loss of ownership of the shares. To calculate a capital loss pursuant to Article 37.1, e) of the Personal Income Tax Law (LIRPF), the dissolution and liquidation of the company must occur. The tax period shall be that in which said liquidation takes place.

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