Repurchase of assets that have caused losses computed in the declaration

Regulations: Art. 73.2 Regulation Income Tax

When the taxpayer makes the acquisition of assets or homogeneous securities or shares not admitted to trading in any of the official secondary securities markets defined in Directive 2004/39/EC of the European Parliament and of the Council, of April 21 of 2004 [last amended in Directive 2010/78/ EU , of November 24 ( DOL December 15, 2010)], within the year following the date of its transfer, after the end of the regulatory declaration period of the tax period in which the capital loss derived from the transfer was computed, you must regularize your tax situation.

See, within Chapter 11, the treatment of capital losses arising from transfers of assets when the same assets are repurchased within a certain period or, in the case of transfers of securities or shares, when homogeneous securities or shares are acquired.

To do so, the corresponding supplementary self-assessment must be submitted, including late payment interest, within the period between the date on which the acquisition takes place and the end of the regulatory declaration period corresponding to the tax period in which the repurchase of the asset is made.

Note: If the supplementary declaration responds to this circumstance, the taxpayer must mark with an "X" the box [121] of the "Supplementary declaration" section of the declaration.