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Form 100. 2019 Personal Income Tax return

8.2.6.2.2. Capital gains and losses derived from shares admitted to trading in official markets

Capital gains and losses obtained as a result of the transfer of shares admitted to trading in one of the markets will be declared in this section official secondary securities of Spanish or any other securities defined in Directive 2004/39/EEC of the European Parliament and of the Council of 21 April 2004.

The following capital gains and losses are exempt, which must be declared, if applicable, in the section "Gains/(losses) on transfers of other equity elements"

  • Those derived from the transfer of shares of entities whose assets are constituted at least 50 per cent by properties located in Spanish territory, 100 as referred to in article 314 of Royal Legislative Decree 4/2015 approving the consolidated text of the Securities Market Act.

  • Shares not admitted to trading in regulated securities markets as defined in Directive 2004/39/EC

  • Those derived from the transfer of shares admitted to trading on any of the official secondary markets mentioned above, when the transfer has not been made in these markets or is considered a transaction in instalments or with a deferred price.

  • Other equity elements not related to economic activities.

If you wish to use the Securities Portfolio program to calculate capital gains and losses, you must tick the corresponding box. Otherwise, you must enter the following information for each transfer made through the data capture window:

Securities name

The name or company name of the company issuing the shares transferred will be entered.

Profit (loss) and loss (loss) obtained

The result will be obtained from the difference in the overall amounts of the transfers made in the financial year, indicating whether any of these transfers are applied to the constitution of life annuities for taxpayers over 65 years of age, or affected by the application of the correction coefficients, and the overall amount of the acquisitions.

Homogeneous securities repurchase transactions

If the transfer or reimbursement of shares or holdings in Companies or Investment Funds causes a loss and, in addition, homogeneous securities have been acquired in the terms and conditions provided for in Article 33,5 (g) of the Tax Act, the capital loss must not be counted until the final subsequent transfer of the homogeneous securities acquired is made. However, the loss must be declared and quantified in the tax return for the year in which it was generated even if it is not included for settlement purposes.