Allocation to 2022 of capital gains and losses arising from transfers made in previous years

The following capital gains and losses incurred in previous years will be included in this section:

• Capital gains or losses pending attribution for installment transactions

  In the case of installment or deferred price transactions, the taxpayer may choose to proportionally allocate the income obtained in such transactions as the corresponding payments become due.

  The capital gains or losses pending attribution for installment transactions from previous years, the collection of which has occurred, in whole or in part, in the current year, will be recorded, depending on the collections that have occurred or are due in the same year.

• Deferred integration of certain repurchase losses

  If a gives rise to losses and the transferred assets (or homogeneous securities) have been reacquired the periods and conditions provided for in article 33.5, letters e), ) and g of the Tax Law, the capital loss cannot be computed until the subsequent definitive transfer of the reacquired assets (or homogeneous securities) takes place.

  When this regime is applicable, this section will include the capital losses that must be integrated into the current financial year due to the definitive transfer of the reacquired assets (or homogeneous securities).

  This integration of losses from previous years is independent of the taxation corresponding to the gain or loss arising as a result of the transfer of the reacquired assets (or homogeneous securities).