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Practical Income Manual 2019.

Treatment of capital gains or losses derived from elements affected by the exercise of economic activities

In order to equalize the tax treatment applicable to capital gains or losses derived from all assets or rights whose ownership corresponds to the taxpayer, the Personal Income Tax Law establishes in its article 28.2 as a general principle that capital gains or losses derived from affected elements economic activities are not included in their net income, but are taxed as such along with the rest of the capital gains or losses.