As indicated, in this case the positive differences between the market value of the shares or participations of any type of entity are considered capital gains. whose ownership corresponds to the taxpayer, and its acquisition value .
To calculate the aforementioned capital gain the market value of the shares or participations on the accrual date of the last tax period that must be declared by IRPF be taken. ##2##, determined according to the following rules:
a) Securities admitted to trading on any of the regulated securities markets defined in Directive 2004/39/EC of the European Parliament and of the Council, of April 21, 2004, relating to the financial instrument markets, and representative of the participation in the own funds of companies or entities, will be valued by their price.
Directive 2004/39/ EC has been repealed with effect from 3 January 2017 by Directive 2014/65/ EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments. This, in its article 94, provides that references to Directive 2004/39/ EC will be understood as references to Directive 2014/65/ EU .
b) Securities not admitted to trading in any of the regulated securities markets defined in Directive 2014/65/ EU , of the European Parliament and of the Council, of May 15, 2014, relating to the markets in financial instruments, and representative of the participation in own funds of companies or entities, will be valued, unless proof of a different market value, by the greater than the following two :
The net equity that corresponds to the values resulting from the balance sheet corresponding to the last financial year closed prior to the date of accrual of Personal Income Tax .
The result of capitalizing at the rate of 20 percent the average of the results of the three fiscal years closed prior to the date of accrual of Personal Income Tax .
For this purpose, dividends distributed and allocations to reserves, excluding those for adjustment or updating of balance sheets, will be recorded as profits.
Note: Please note that although article 95 bis of the Personal Income Tax Law refers to Directive 2004/39/ EC , this has been repealed with effect from January 3, 2017 by the Directive 2014/65/ EU , of the European Parliament and of the Council, of May 15, 2014, on financial instrument markets. This, in its article 94, provides that references to Directive 2004/39/EC will be understood as references to Directive 2014/65/EU.
c) The shares or participations representing the capital or assets of the collective investment institutions will be valued by:
The net asset value applicable on the accrual date of the last tax period that must be declared for this tax or, failing that, by the last published net asset value.
When there is no net asset value, the value of the net equity corresponding to the shares or participations resulting from the balance sheet corresponding to the last financial year closed prior to the aforementioned accrual date will be taken, unless proof of a different market value.
Temporary attribution and tax return and deposit
The capital gains must be integrated into the tax base corresponding to the last period that must be declared for Personal Income Tax , carrying out complementary self-assessment, without penalty, late payment interest or any surcharge, within the declaration period of the tax corresponding to the first year in which the taxpayer did not have such status as a consequence of the change of residence.
Regarding the imputation criteria for changing residence to another country, see article 14.3 of the Personal Income Tax Law
Note: In the complementary self-assessment for 2022, capital gains due to a change of residence outside Spanish territory must be declared in the heading that corresponds to section F4 of the declaration.
However, if the taxpayer acquires the status of taxpayer again without having transferred ownership of the shares or participations, he or she may request rectification of the self-assessment in order to obtain the return of the amounts deposited corresponding to the capital gains declared in application. of this special regime.
The rectification request may be submitted after the end of the declaration period corresponding to the first tax period that must be declared for this tax.
Regarding the payment of late payment interest, they will accrue from the date on which the deposit was made until the date on which payment of the refund is ordered.