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Practical manual for Income Tax 2023.

11. Repurchase of assets that have caused losses computed in the declaration

Regulations: Art. 73.2 Regulation Income Tax

In the cases provided for in article 33.5, letters e) and g) of the Personal Income Tax Law, when the taxpayer makes the acquisition of assets or homogeneous securities or shares not admitted to trading in any of the official secondary securities markets. defined in Directive 2014/65/ EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/ 92/ EC and Directive 2011/61/ EU , after the end of the regulatory deadline for declaration of the tax period in which the patrimonial loss derived from the transfer, you must regularize your tax situation.

See, within Chapter 11, the treatment of capital losses arising from transfers of assets when the same assets are repurchased within a certain period or, in the case of transfers of securities or shares, when homogeneous securities or shares are acquired.

To do so, you must submit the corresponding supplementary self-assessment within the period between the date on which the acquisition takes place and the end of the regulatory declaration period corresponding to the tax period in which the repurchase of the asset is made.

This self-assessment will generate late payment interest which, where applicable, will be settled by the Administration.

Note: If the supplementary declaration responds to this circumstance, the taxpayer must mark with an "X" the box [121] of the "Supplementary declaration" section of the declaration.