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Practical Income Manual 2022.

b) Considerations derived from the transmission, reimbursement, amortization, exchange or conversion of any type of financial assets, regardless of the nature of the performance they produce, implicit, explicit or mixed.

"financial assets " are considered negotiable securities representing the collection and use of foreign capital, regardless of the way in which they are documented. Drawing instruments, including those originated by commercial operations, also have this consideration from the moment they are endorsed or transmitted, unless the endorsement or assignment is made as payment for a credit from suppliers or suppliers.

As an example, the following values, among others, constitute financial assets:

  • Public Debt Securities (Treasury Bills, Obligations and State Bonds).

  • Financial letters.

  • Financial or company promissory notes issued at a discount.

  • Obligations or bonds with periodic accrual of coupons or with issuance, amortization or reimbursement premiums.

  • In general, any asset issued at a discount.

Article 91 of the Personal Income Tax Regulations distinguishes between financial assets with implicit returns, with explicit returns and with mixed returns, for the purposes of submitting these returns. to the system of withholdings or payments on account without said distinction having any relevance in the tax classification of the income obtained.

  • financial assets with implicit yield are considered those in which the yield is generated by the difference between the amount paid in the issue, first placement or endorsement and the amount committed to repay at the maturity of the operation. The issuance, amortization or reimbursement premiums are included as implicit returns.

  • Financial assets with explicit return are considered to be those that generate interest and any other form of remuneration agreed upon as consideration for the transfer of own capital to third parties and are not included in the concept of implicit return in the terms discussed in the previous paragraph.

  • financial assets with mixed returns are those that generate implicit and explicit returns. These securities will follow the regime of financial assets with explicit yield when the annual cash they produce of this nature is equal to or higher than the reference rate in force at the time of issue, even if the conditions of issue, amortization or reimbursement have been established. , implicitly, another additional performance. They will follow the regime of financial assets with implicit returns when the annual cash is lower than the reference.

Important: All returns derived from operations carried out on financial assets generate, without exception, returns on movable capital. However, in lucrative transfers of financial assets due to the death of the taxpayer (the so-called "dead capital gains"), it will be deemed that there is no return on movable capital. Nor is the return on negative movable capital derived from the lucrative transfer of those through "inter vivos" acts computed (Art. 25.6 Law Personal Income Tax ).