How the DGT's position has evolved
Current position
Capital gains or losses are determined by the difference between the acquisition and transfer values. In cases of company dissolution, the loss is generated by the difference between the acquisition value and the liquidation quota, being attributed to the period in which the dissolution occurs. Intermediation expenses in failed transactions are considered consumption income and not capital losses. The acquisition value includes the actual amount paid plus inherent expenses and taxes.
The DGT's position remains constant regarding the technical definition of capital gain or loss. Recent rulings do not show a change in doctrine, but rather delimit specific scenarios, such as the inadmissibility of expenses for failed transactions or the determination of the timing of the loss in insolvency proceedings. The evolution consists of applying general criteria to scenarios of greater technical complexity.
Turning points
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Establishes that the amount of a deception or fraud constitutes a capital loss, provided it is not an unjustified loss.
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Specifies that the loss due to dissolution following insolvency proceedings occurs with the judicial order decreeing the dissolution of the company.
Analysis based on 50 of 50 rulings with a stated position. Updated 15 September 2026.