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V2995-20 5 October 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No capital loss to be recognised if homogeneous securities are repurchased within two months

The taxpayer asks whether a capital loss from the sale of listed shares can be recognised if the two-month repurchase period is not met. The DGT rules that if homogeneous securities are acquired within that period, the loss is not recognised immediately.

The question raised

The applicant states that if, having transferred all listed shares held as of December 31, the two-month period provided for in Article 33.5.f) of the Personal Income Tax Law is not met, the capital loss generated may be recognized.

The DGT's ruling

If homogeneous securities are acquired within the two months preceding or following the transfer of securities admitted to trading, the capital loss shall not be recognized. Said loss shall only be integrated as the securities or shares remaining in the taxpayer's assets are transferred. The purpose is to prevent the integration of losses while the assets remain constant through the repurchase of similar elements.

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