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Practical Income Manual 2019.

Allocation of capital gains and losses produced in years prior to 2019

Regulations: Articles 45 and 46 Law Personal Income Tax

The imputation of capital gains or losses produced in years prior to 2019 will be carried out in the current year in accordance with the following rules:

  1. Gains and losses derived from transfers of assets carried out in installments or with a deferred price .

    Whatever the period of generation of the capital gain or loss produced in previous years by installment transactions or with a deferred price whose collection occurs, in whole or in part, in fiscal year 2019, the imputation is made to the tax base of the savings. For this purpose, section F2 of the declaration will be completed.

  2. Capital gains and losses not derived from transfers of assets.

    The allocation that must be made to this year will be made in the general tax base, completing for this purpose the boxes [0299], [0300] , [0304] or [0305] of section F1 of the declaration, as applicable.

    As examples of the aforementioned capital gains, prizes whose collection is made in installments can be mentioned, as well as the public aid mentioned above that is subject to imputation in quarters in the tax period in which they are obtained and in the following three.

    In accordance with the provisions of article 14.3 and 4 of the Personal Income Tax Law , in the event that the taxpayer loses his status due to a change of residence or in the event of his death, all Income pending imputation, which must include capital gains and losses, must be integrated, in accordance with the rules previously mentioned, into the tax base corresponding to the last tax period that must be declared.

    However, since January 1, 2013, if the transfer of residence occurs to another Member State of the European Union, the taxpayer is given the option of applying the previous rule or of presenting, as each one is obtained. of the income pending imputation, a complementary self-assessment without penalty, late payment interest or any surcharge, corresponding to the last period that must be declared for this Tax. The self-assessment will be submitted within the declaration period of the tax period in which said income would have been allocated if the loss of taxpayer status had not occurred.

    Likewise, take into account the special regime for capital gains due to change of residence of article 95 bis of the Personal Income Tax Law which is discussed in section " Special regime : Capital gains due to change of residence" of this Chapter.