How the DGT's position has evolved
Current position
The capital gain or loss is determined by the difference between the value of the liquidation amount or assets received and the acquisition value of the share. For a loss to occur according to article 37.1, e) of the Personal Income Tax Law (LIRPF), the dissolution and liquidation of the company is mandatory. The tax period is that in which the liquidation occurs, which is understood to be carried out with the judicial order of extinction in cases of insolvency proceedings.
The DGT's position remains constant regarding the definition of the calculation of capital gains or losses. The evolution focuses on the precision of the accrual moments and the nature of the payments, clarifying that advance payments are returns on movable capital and that a loss requires effective liquidation, even after delisting or in insolvency proceedings.
Turning points
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Establishes that newly acquired assets are part of the liquidation amount and defines a one-month period for the reinvestment of the additional amount.
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Determines that amounts received as an advance on the liquidation amount are full returns on movable capital exigible in their payment period.
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Specifies that in cases of insolvency proceedings, the change in assets occurs with the judicial order that agrees the extinction of the company.
Analysis based on 56 of 57 rulings with a stated position. Updated 18 September 2026.