Don JPC During fiscal year 2021, it has carried out the following operations with fiscal significance:
On March 3, 2021, it sold 11.2568 shares in the movable investment fund "X", NIF G83000000, for 15,800 euros, deducting the expenses inherent to the transfer paid by the same . These shares were acquired on 05-10-2004 for an amount of 15,000 euros, including acquisition expenses.
On July 1, 2021, he sold an apartment, located at Toledo Street, number 10, in Madrid, for an amount of 150,000 euros, paying 1,900 as Municipal Tax on the Increase in Value of Urban Land. euros.
Said apartment was acquired on 12-20-1994 for an amount equivalent to 90,000 euros, this being the amount declared as the tax base for the purposes of the Property Transfer Tax. The expenses inherent to the acquisition paid by the acquirer in January 1995, in respect of notary, registration and Transfer Tax amounted to an amount equivalent to 8,000 euros.
The cadastral value of the apartment in 1994 amounted to an amount equivalent to 27,000 euros, of which 40 percent corresponded to the value of the land. Don JPC He rented said apartment in 1995 and 1996. The cadastral reference of the property is 0042807VK4704A0003KI.
On July 16, 2021, 1,000 shares of TSA, which is listed on the Stock Exchange, were transferred, obtaining an amount of 12,000 euros, once the expenses inherent to the sale have been deducted. These shares were acquired on 05-25-2015, for an amount of 16,800 euros, including expenses incidental to said acquisition.
On August 16, 2021, it proceeds to acquire 1,000 homogeneous shares of TSA, for 16,500 euros, including accessory acquisition costs.
On June 23, 2009, it acquired preferred shares originally issued by a Savings Bank for the amount of 15,500 euros. In February 2012, it accepted an offer to purchase these securities for an amount equivalent to 100 percent of their nominal value, which was applied to the simultaneous subscription of 5,000 shares of the ZK bank in which the financial business of the Savings Bank was integrated. . On 11-14-2021, he sells all the shares for 6,560 euros.
Determine the amount and classification of the capital gains or losses obtained by the taxpayer in fiscal year 2021, taking into account that since January 1, 2015, no transfer of capital elements has been made to whose gain the ninth transitional provision of the Personal Income Tax Law
1. Transfer of shares of the real estate investment fund "X":
Transfer value: 15,800
Acquisition value: 15,000
Capital gain (15,800 - 15,000) = 800Qualification and declaration of capital gain
When proceeding with the capital gain from the transfer of shares of a movable investment fund, it must be declared in the subsection "Equity gains and losses subject to withholding or payment on account derived from transfers or redemptions of shares or participations of collective investment institutions (companies and Investment funds)" in section F2 of the declaration.
2. Floor transmission:
Transmission value (150,000 – 1,900) (1) = 148,100
Cost price (2): 96,380
Capital gain (148,100.00 – 96,380.00) = 51,720
Reducible equity gain (generated until 01-19-2006)
(51,720 x 4,049) ÷ 9,690(3) = 21,611.38
Number of years of tenure as of December 31, 1996: 3 years
Reduction due to abatement coefficients (21,611.38 x 11.11%) = 2,401.02
Reduced capital gain (51,720 – 2,401.02) = 49,318.98Qualification and declaration of capital gain
When deriving the capital gain from a transfer of a property element (property), it is integrated into the savings tax base and must be declared within the subsection "Equity gains and losses derived from transfers of other property elements" within section F2 of the declaration.
3. Sale of shares with repurchase of homogeneous securities:
Transfer value: 12,000
Acquisition value: 16,800
Asset loss (12,000 - 16,800) = - 4,800Qualification and declaration of capital loss
When deriving the capital loss from a transfer of shares traded on official markets (to be included in the savings tax base), it should be declared in the subsection "Capital gains and losses derived from transfers of shares or participations traded" in section F2 of the declaration. Now, since a repurchase of homogeneous shares has occurred within the period established by the Law (two months), this loss cannot be included in the declaration for the year itself, but in that of the year in which the transfer takes place. total or partial of the shares acquired.
4. Sale of shares received through exchange of preferred stock securities
Transfer value: 6,560
Acquisition value: 15,500
Asset loss (6,560 - 15,500) = - 8,940Qualification and declaration of capital loss
When deriving the capital loss from a transfer of shares traded on official markets that were received through the exchange of preferred stock values (to be included in the tax base of savings), it must be declared in the subsection "Equity gains and losses derived from transfers of shares or negotiated shares" in section F2 of the declaration.
Notes to the example:
(1) The amount paid as Municipal Tax on the Increase in Value of Urban Land has been deducted from the transfer value. (Back)
(2) The acquisition value is determined as follows:
- Actual amount of the acquisition: (90,000): +90,000
- Expenses and taxes: (8,000): +8,000
- Amortization year 1995 and 1996 [(1.5% s/90,000 x 0.6) x 2] = –1. 620
Total acquisition value (90,000+8,000-1,620) = 96,380
The amortizations corresponding to the years 1995 and 1996 have been calculated on the value of the apartment for Wealth Tax purposes, excluding the value corresponding to the land. This value, according to the specifications contained in the Real Estate Tax receipt, represents 40 percent of the total. Likewise, the percentage of 1.5 percent has been used to calculate said amortizations as this is the one that corresponded in accordance with the provisions of the previous Tax Regulations. (Back)
(3) The capital gain generated until 01-19-2006 has been determined by distributing the total capital gain between the number of days between the date of acquisition of the apartment (12-20-1994) and 01-19-2006, which amounts to 4,049 days, with respect to the total number of days that the apartment has remained in the taxpayer's assets, that is, between 12-20-1994 and 07-01-2021, which amounts to 9,690 days. (Back)