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V3186-17 13 December 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Losses from share sales can be offset even if homogeneous securities are repurchased within the legal period

The taxpayer asks whether repurchasing listed shares within two months of their sale nullifies the right to offset capital losses. The DGT rules that the loss must be declared and quantified, but it will be integrated into the tax base as the remaining securities are transferred.

The question raised

Whether the capital loss derived from the sale of shares can be compensated in any manner, or conversely, whether the right to such compensation is definitively lost.

The DGT's ruling

Capital losses arising from the transfer of securities admitted to trading on secondary markets must be declared and quantified in the tax year in which the change in assets occurs. If homogeneous securities are acquired within the timeframes set forth in Article 33.5 f) of the Personal Income Tax Law (LIRPF), such losses shall be integrated for settlement purposes progressively, as the securities remaining in the taxpayer's assets are transferred.

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