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V2861-20 22 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Losses from non-computable securities transfers are integrated upon the transfer of repurchased securities

The taxpayer inquires when they can account for a capital loss that could not be declared due to the repurchase of homogeneous securities within the legal timeframe. The Directorate General for Taxes (DGT) responds that these losses shall be integrated as the securities remaining in the estate are transferred.

The question raised

When such a capital loss may be accounted for.

The DGT's ruling

Capital losses not accounted for due to the acquisition of homogeneous securities within the periods of two months or one year may be integrated as the securities or holdings remaining in the taxpayer's assets are transferred. To this end, such transfers must be definitive, so that no new repurchase occurs within the periods established by law. The calculation of the gain or loss on the repurchased securities shall be carried out in accordance with Article 37.1.a) of the Personal Income Tax Law (LIRPF).

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