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Form 100. 2020 Personal Income Tax Return Declaration

8.2.6.2.2. Capital gains and losses arising from shares admitted to trading on official markets

This section shall declare the capital gains and losses obtained as a result of the transfer of shares admitted to trading on any of the official Spanish secondary securities markets or any other of those defined in Directive 2004/39/EEC of the European Parliament and of the Council, of April 21, 2004.

The following capital gains and losses are excepted, which must be declared, where applicable, in section "Gains and Losses from Transfers of Other Capital Assets"

  • Those arising from the transfer of shares in entities whose assets consist of at least 50% of real estate located in Spanish territory, as referred to in article 314 of Royal Legislative Decree 4/2015 approving the Revised Text of the Securities Market Law.

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

  • Those arising from the transfer of shares admitted to trading in any of the official secondary markets mentioned above, when the transfer has not been carried out in said markets or is considered to be an installment transaction or one with a deferred price.

  • Other assets not affected by economic activities.

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

Name of securities

The name or corporate name of the company issuing the transferred shares shall be recorded.

Results (profits and losses) obtained

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

Homogeneous securities repurchase operations

If the transfer or reimbursement of shares or interests in Companies or Investment Funds gives rise to a loss and, in addition, homogeneous securities have been acquired within the terms and conditions provided for in article 33.5, letters g), of the Tax Law, the capital loss shall not be computed until the subsequent definitive transfer of the reacquired homogeneous securities takes place. However, the loss must be declared and quantified in the declaration for the year in which it was generated, even if it is not included for liquidation purposes.