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V2893-20 24 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · renta del ahorro

Negative general tax bases cannot be offset by capital gains from an investment fund

The inquirer asks whether a capital gain from the sale of an investment fund can offset outstanding negative general tax bases. The DGT rules that this is not possible because such a gain is classified as savings income.

The question raised

In the event that the liquidation of said investment fund generates a capital gain, it is questioned whether such capital gain could be offset against amounts from pending negative general tax bases.

The DGT's ruling

The capital gain derived from the transfer of an investment fund constitutes savings income pursuant to Article 46 of the Personal Income Tax Act (LIRPF). Therefore, it must be included in the savings tax base and cannot be offset against negative general tax bases, in accordance with the regime for the integration and offsetting of income established in Articles 48 and 49 of the LIRPF.

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