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

Regulations: Articles 45 and 46 Law IRPF

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

1. Gains and losses arising from transfers of assets made in installments or with deferred payment .

   Regardless of the period of generation of the capital gain or loss produced in previous years by installment or deferred price transactions whose collection occurs, totally or partially, in the year 2019, the imputation is made to the taxable savings base. For this purpose, section F2 of the declaration must be completed.

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

   The imputation to be made for the current fiscal year will be carried out in the general tax base, completing for this purpose boxes [0299], [0300] , [0304] or [0305] of section F1 of the declaration, as appropriate.

   Examples of the aforementioned capital gains include prizes that are paid in instalments, as well as the aforementioned public aid that is subject to imputation in quarters in the tax period in which they are obtained and in the three following periods.

   In accordance with the provisions of article 14.3 and 4 of the Income 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, among which capital gains and losses must be included, must be integrated, in accordance with the rules discussed above, into the tax base corresponding to the last tax period to be declared.

   However, since January 1, 2013, if the change 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 of the income pending imputation is obtained, a supplementary 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 must be submitted within the declaration period for the tax period in which said income should have been imputed had the loss of taxpayer status not occurred.

   Also take into account the special regime of capital gains due to change of residence of article 95 bis of the IRPF law which is discussed in section " Special regime : "Capital gains from change of residence" of this Chapter.