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Integration of Losses: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 12 rulings · 2017–2026

Current position

Losses from the transfer of securities admitted to trading are not recognized if homogeneous securities are acquired in the two months preceding or following the transfer. These losses shall only be integrated as the securities remaining in the assets are transferred. For the transfer to allow for the integration of losses, it must be definitive, which implies that no new repurchase must occur within the two-month period.

The DGT's position has remained constant since 2017. All rulings confirm that the loss not recognized due to the acquisition of homogeneous securities is progressively integrated through the transfer of the remaining securities, provided that the operation is definitive.

Analysis based on 11 of 12 rulings with a stated position. Updated 27 September 2026.

Rulings on this topic

12
V0758-26 6 Apr 2026

To offset a 2025 capital loss, the 2025 sale must be definitive

SG de Impuestos sobre la Renta de las Personas Físicas
pérdida patrimonialvalores homogéneosrecompratransmisión definitivamercados secundarios LIRPF — Ley 35/2006 del IRPF art. 33.5.f)LIRPF — Ley 35/2006 del IRPF art. 33.5.g)
Affects CompanyExpat · Non-residentIndividual

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