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Repurchase: 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 25 rulings · 2014–2026

Current position

Capital 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 may only be integrated as the securities remaining in the assets are definitively transferred. A transfer is considered definitive when no new repurchase occurs within the legally established timeframes.

The DGT's position has remained constant since 2018 regarding the prohibition of recognizing losses due to the acquisition of homogeneous securities. The criterion has remained stable, focusing the integration of the loss on the definitive transfer of the securities remaining in the assets to avoid the application of the repurchase rule.

Turning points

  1. V0955-18

    Establishes that 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.

Analysis based on 23 of 25 rulings with a stated position. Updated 24 September 2026.

Rulings on this topic

24
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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