Deferred integration: Capital losses derived from transfers with repurchase of the transferred equity element
The following capital losses will not be included for settlement purposes in the same financial year in which they are generated, however, the loss must be declared and quantified in the tax return for the year in which it was generated.
Transfer of capital elements subsequently acquired
Capital losses shall not be counted as capital losses derived from transfers of capital elements, when the transferor acquires them again within the year following the date of such transfer.
This capital loss will be included when the subsequent transfer of the equity element occurs.
Transfer of securities or holdings and reacquisition of homogeneous securities
Capital losses will also not be included as capital losses derived from the transfer of securities or holdings, when the taxpayer has acquired homogeneous securities within the following periods:
If the securities or holdings are admitted to trading on any of the official secondary securities markets defined in Directive 2004/39 / EC of the European Parliament and of the Council of 21 April 2004 on the markets of financial instruments (currently Directive 2014/65 / EU), such as stocks listed on the stock exchange, investment funds that meet the established daily reporting obligations in the regulations governing the CIIs) when the taxpayer has acquired homogeneous values within the two months prior to or subsequent to these transfers.
If they are securities or holdings that are not admitted to trading on any of the official secondary securities markets defined in Directive 2004/39 / EC of the European Parliament and of the Council of 21 April 2004 on the markets of financial instruments (currently Directive 2014 / 65/EU) such as the shares of SICAV and SOCIMIs traded on the MAB, as they are not the MAB one of the markets covered by that Directive, when the taxpayer has acquired homogeneous securities in the year prior to or after these transfers.
In these cases, capital losses will be integrated as the securities or holdings that remain in the taxpayer's assets are transferred.
Reacquisition after the end of the period of declaration (art.73.2 rule)
When the taxpayer acquires the equity elements or the homogeneous securities or holdings after the end of the regulatory period for tax returns of the tax period in which the capital loss derived from the transfer was calculated, you must submit a supplementary self-assessment, including late payment interest, within the period between the date of acquisition and the end of the regulatory period of declaration corresponding to the tax period in which this acquisition is made. The late payment interest rate for 2019 is 3.75%.
Homogeneous values (art. 8 Rgl.)
For the exclusive purposes of this Tax, securities or shares that are listed on the same issuer will be considered as those that form part of a
The same financial operation or respond to a unit of purpose, including systematic acquisition of financing, of the same nature and transmission regime, and assign substantially similar content of rights and obligations to its holders.
However, the homogeneity of a set of securities will not be affected by any differences between them in terms of their unit amount; Dates of entry into circulation, delivery of material or price setting; Placement procedures, including the existence of tranches or blocks intended for specific investor categories; Or any other ancillary aspects. In particular, standardisation will not be altered by the splitting of the issue into subsequent tranches or by the forecast of extensions.