Skip to content
Back to index
V2778-20 10 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdidas patrimoniales

Losses on sale of securities cannot be recognised if homogeneous assets are repurchased within two months

A query was raised regarding the procedure for applying limitations on capital losses due to the repurchase of securities admitted to trading. The DGT clarifies that if homogeneous securities are acquired within the two months preceding or following the sale, the loss is not recognised at that time, but rather as the repurchased securities are subsequently transferred.

The question raised

Procedure for the application of the provisions of Article 33.5.f) of the Personal Income Tax Law.

The DGT's ruling

The law prevents the calculation of capital losses from the transfer of securities admitted to trading if a repurchase of homogeneous securities is carried out in the two months preceding or following the transaction. The non-calculated losses may be integrated as the taxpayer transfers the securities considered a repurchase. For these subsequent transfers to allow the integration of the loss, they must be definitive, meaning no new repurchase must occur within the two-month period.

Book your free first meeting