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Form 100. Personal Income Tax Return Declaration 2017

8.2.6.2.1. Derivatives of transfers or reimbursements of shares or interests traded on official markets

Shall be declared in this section capital gains and losses obtained by the taxpayer as a consequence of the transfer or reimbursement of shares and participations in Collective Investment Institutions (companies and funds and Real Estate Investment Firms) when they are subject to withholding.

The following will not be included in this section:

  • Capital gains and losses not subject to withholding tax arising from the redemption or transfer of units or shares in the funds and companies (listed investment funds or listed index SICAVs) referred to in article 49 of the Regulations of Law 35/2003, of 4 November on Collective Investment Institutions, shall not be declared in this section but in the section on capital gains and losses arising from shares admitted to trading on official markets.

  • Capital gains and losses arising from the transfer of shares in Collective Investment Companies admitted to trading on any of the official secondary securities markets in Spain or any other of those defined in Directive 2004/39/EEC of the European Parliament and of the Council of 21 April 2004 shall not be declared in this section but in section "Capital gains and losses arising from shares admitted to trading on official markets".

NIF OF THE COMPANY OR INVESTMENT FUND

The NIF of the Investment Company whose shares have been transferred, or of the Investment Fund whose shares have been transferred or redeemed, must be recorded.

RESULTS (profit and loss) OBTAINED

The result will be obtained from the difference in the global amounts of the transfers made in the year, indicating whether any of said transfers are applied to the creation of life annuities for taxpayers over 65 years of age, or affected by the application of the corrective coefficients, and the global amount of the acquisitions.

In these sections, it must enter the amounts obtained as a capital gain, separately from capital losses.

Usually, the amount of the capital gain or loss will appear in the certificate of withholdings provided by the management entity or by the person or organisation obliged to withhold.

Withholdings

The withholdings made or payments on account made for capital gains derived from the transfer or reimbursement of shares or interests in Investment Companies or Funds will be recorded, amounts that the program will transfer to box 0565 on page 17 of the declaration.

REPURCHASE TRANSACTIONS OF HOMOGENEOUS SECURITIES

If the transfer or reimbursement of shares or interests in Companies or Investment Funds that are not admitted to trading gives rise to a loss and, in addition, homogeneous securities have been acquired within the terms and conditions provided for in article 33.5, letters g), of the Tax Law, the capital loss shall not be computed until the subsequent definitive transfer of the reacquired homogeneous securities takes place. However, the loss must be declared and quantified in the declaration for the year in which it was generated, even if it is not included for liquidation purposes. The declaration and quantification of this loss will not be made in this section but in section "Capital Gains and Losses arising from the transfer of other assets".