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Form 100. Personal Income Tax Return 2022

Capital gains and losses arising from transfers of shares admitted to trading on official markets

In this section, the capital gains and losses obtained as a result of the transfer of shares admitted to trading in one of the official secondary Spanish securities markets or in any other of those defined in Directive 2014/65/EU of the European Parliament will be declared. of the Council, May 15, 2014.

The following capital gains and losses are excepted, which must be declared, where applicable, in the section "Gains and Losses from transfers of other 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 defined in Directive 2014/65/EU 

  • 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 through the data capture window:

  • The name or corporate name of the company issuing the transferred shares.

  • For each entity, the global amount of the transfers and acquisitions, except, for example, when only some of the profits obtained are subject to DT 9 or, when this is applicable, the shares are acquired or transferred on different dates, as well as when the exemption for reinvestment in life annuities for those over 65 years of age is applied for; In these cases you must give as many "highs" as necessary to reflect these situations.

  • If the capital gain is exempt by reinvesting the amount obtained from the transfer in life annuities , within the time periods and conditions established in the regulation, the requested data will be entered in the capture window.

    When you have reinvested in life annuities the total or partial amount obtained from one or all of the transfers made in the year, clicking on the icon "More info" will open a window in which the information regarding the exemption for reinvestment in life annuities corresponding to the gains to which it has been applied will be displayed.

  • If the transfer causes a loss and, in addition, homogeneous securities have been acquired within the terms and conditions provided, the capital loss should not be computed until the subsequent definitive transfer of the reacquired homogeneous securities occurs.

    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, by checking the box provided for this purpose.

  • If the reduction coefficients of transitional provision 9 applicable to the profit obtained, you must provide the information requested by displaying that section.

    The value of the shares for the purposes of the 2005 Wealth Tax (exclusively for securities traded on organised markets acquired before 31-12-1994) will be the average trading value corresponding to the fourth quarter of 2005 as set out in the Order of the Ministry of Economy and Finance EHA/492/2006, of 17 February (BOE of the 27th).

    The value that should be reflected will be the result of multiplying the number of shares by their unit value.

  1. For more information: Income Informer