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V3590-20 17 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia o pérdida patrimonial

Loss from the sale of shares may be computed if homogeneous securities have not been acquired within the legal period

The taxpayer asks whether they can declare a capital loss for selling shares of a listed company after receiving shares through a fully bonus issue. The DGT responds that the loss is computable provided that homogeneous securities have not been acquired in the two months preceding or following the sale.

The question raised

Question posed: Possibility of computing the capital loss mentioned in the Personal Income Tax (IRPF).

The DGT's ruling

The acquisition value of the shares received through a fully bonus issue is determined by allocating the total cost between the number of original shares and the bonus shares. The acquisition date of these new shares shall be the date of the original shares. The capital loss may be reflected provided that homogeneous securities have not been acquired in the two months preceding or following the transfer. The receipt of shares through a capital increase does not prevent the reflection of the loss, as these maintain the seniority of the shares from which they originate.

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