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V3556-20 15 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital losses may be declared upon the dissolution and liquidation of a company

A taxpayer inquired whether they could report a loss on shares of a company that entered insolvency proceedings and was subsequently dissolved and liquidated without any distribution. The Directorate General of Taxes (DGT) ruled that liquidation results in a capital gain or loss based on the value of the liquidation quota or the assets received.

The question raised

Possibility of reflecting a loss on said shares.

The DGT's ruling

The dissolution and liquidation of a company implies the realization of a capital gain or loss for the partners. This is determined by the difference between the value of the social liquidation quota or the market value of the assets received and the acquisition value of the share. Said difference shall be included in the savings tax base during the tax period of the liquidation.

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