How the DGT's position has evolved
Current position
The capital loss resulting from the bankruptcy of a company requires effective dissolution and liquidation, to be accounted for in the period in which said liquidation occurs. For fully paid-up shares, the acquisition value is determined by dividing the total cost by the number of shares, including those fully paid-up, while maintaining the seniority of the original shares. For foreign currency bonds, the gain or loss is calculated based on the difference in values in the denomination currency, converting the result into euros at the exchange rate of the sale.
The DGT's position does not show a single doctrinal evolution, as the rulings address heterogeneous scenarios such as the liquidation of companies, fully paid-up shares, or bonds in foreign currencies. There is no change in criterion, but rather an application of general rules to specific valuation scenarios and accrual periods.
Turning points
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Establishes that the acquisition value of fully paid-up shares is obtained by dividing the total cost by the number of shares, including the fully paid-up ones.
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Clarifies that bankruptcy does not generate a capital loss by itself, but rather requires the dissolution and liquidation of the company.
Analysis based on 47 of 49 rulings with a stated position. Updated 23 September 2026.