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Form 100. Personal Income Tax Declaration 2021

Cases that are not computed as capital losses

The following will not be computed as capital losses:

  1. Those that are not justified.

  2. Those due to consumption.

  3. Those due to lucrative transmissions through "inter-vivos" acts or liberalities.

  4. Those due to gambling losses made in the tax period in excess of gambling winnings made in the same period.

    In no case will losses derived from participation in the games referred to in the thirty-third Additional Provision of the Personal Income Tax Law be computed, which are the following:

    • The prizes of the lotteries and bets organized by the State Lottery and Betting Society of the State and by the bodies or entities of the Autonomous Communities, as well as the draws organized by the Spanish Red Cross and the types of games authorized to the National Organization of the Spanish Blind.
    • Prizes from lotteries, bets and raffles organized by public bodies or entities that carry out non-profit social or welfare activities established in other Member States of the European Union or the European Economic Area and that pursue objectives identical to those of the organizations or entities indicated in the previous section.

  5. Those derived from transfers with repurchase of the transferred asset: The following capital losses will not be included for liquidation purposes in the same year in which they are generated, however, the loss must be declared and quantified in the declaration of the year in which it was generated.

    1. Transfer of assets reacquired later

      Those derived from the transfer of assets will not be computed as property losses when the transferor reacquires them within the year following the date of said transfer. This capital loss will be integrated when the subsequent transfer of the asset element occurs.

    2. Transfer of securities or participations and reacquisition of homogeneous securities

      Nor will those derived from the transfers of securities or participations be computed as capital losses, when the taxpayer had acquired homogeneous securities within the following periods:

      • If they are securities or shares 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 markets in financial instruments, ( currently Directive 2014/65/EU) such as shares listed on the stock exchange, investment funds that comply with the daily reporting obligations established in the regulations that regulate IIC) when the taxpayer has acquired homogeneous securities within the two months before or after said transmissions.

      • If they are securities or shares 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 markets in financial instruments, (currently Directive 2014/65/EU) such as SICAV and SOCIMI shares that are traded on the MAB, as the MAB is not one of the markets contemplated in that Directive, when the taxpayer has acquired homogeneous securities in the year before or after said transmissions.

      In these cases, the capital losses will be integrated as the values or shares that remain in the taxpayer's assets are transferred.

      For the exclusive purposes of this Tax, homogeneous securities or participations from the same issuer will be considered those that are part of the same financial operation or respond to a unity of purpose, including the systematic obtaining of financing, are of the same nature and regime of transmission, and attribute to their owners substantially similar content of rights and obligations.

      However, the homogeneity of a set of values will not be affected by the possible existence of differences between them in relation to their unit amount; dates of putting into circulation, material delivery or pricing; placement procedures, including the existence of tranches or blocks intended for specific categories of investors; or any other aspects of an accessory nature. In particular, homogeneity will not be altered by the division of the issue into successive tranches or by the provision of extensions.