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V3259-19 27 November 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Suspension of a company's trading cannot alone be considered a capital loss

A taxpayer has inquired whether they can declare a capital loss for holding shares in a company whose trading has been suspended. The DGT has ruled that suspension does not automatically trigger a loss; instead, the dissolution and liquidation of the company are required.

The question raised

Whether it is possible to reflect a capital loss in the Personal Income Tax.

The DGT's ruling

The suspension of the trading of shares does not automatically entail the existence of a capital loss for the shareholders. For a loss to occur pursuant to Article 37.1, e) of the Personal Income Tax Law (LIRPF), the dissolution and liquidation of the company must have previously taken place. The tax period shall be that in which the liquidation occurs, the moment at which the change in assets is considered to have taken place. Such gains or losses shall be included in the savings tax base.

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