Treatment of capital gains or losses derived from elements affected by the exercise of economic activities
Regulations: Art. 28.2 Personal Income Tax Law
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 elements affected by economic activities are not included in the net income thereof, but are taxed as such along with the rest of the capital gains or losses.
See in this regard within Chapter 11 dedicated to "Equity gains and losses" of this manual for the specific valuation standards discussed in relation to " Asset elements assigned or disaffected less than three years in advance ".