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Doctrine by topic · DGT Observatory

Official Secondary Markets: 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 28 rulings · 2016–2026

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 taxpayer's assets are transferred. For a transfer to be considered definitive, no new repurchase must occur within the two-month period.

The DGT's position remains constant regarding the application of the LIRPF (Personal Income Tax Law) timeframes according to the nature of the security. The criterion that the loss is only integrated as the securities remaining in the assets are transferred has been maintained. The doctrine has specified that the transfer must be definitive to avoid the immediate integration of the loss.

Turning points

  1. V1760-23

    Introduces the requirement that the transfer must be definitive to avoid the integration of the loss, establishing that no new repurchase must occur within the two-month period.

Analysis based on 26 of 28 rulings with a stated position. Updated 24 September 2026.

Rulings on this topic

24
V0363-21 25 Feb 2021

Pending capital losses may be offset if securities transfers are definitive

SG de Impuestos sobre la Renta de las Personas Físicas
pérdidas patrimonialesvalores homogéneostransmisión definitivarecompra de valoresmercados secundarios oficiales LIRPF — Ley 35/2006 del IRPF art. 33.5LGT — Ley 58/2003 General Tributaria art. 89.1
Affects CompanyExpat · Non-residentIndividual

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