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Form 100. Personal Income Tax Return Declaration 2017

8.2.6.2.2. Capital gains and losses derived from shares admitted to trading in official markets

In this section, the capital gains and losses obtained as a result of the transfer of shares admitted to trading in one of the official secondary Spanish securities markets or in any other of those defined in Directive 2004/39/EEC of the European Parliament will be declared and of the Council, April 21, 2004.

They will also be declared in this section:

  • Capital gains and losses not subject to withholding derived from the reimbursement or transfer of units or shares in the funds and companies (listed investment funds and listed index SICAVs) referred to in article 49 of the Regulation of Law 35/2003, of November 4, Collective Investment Institutions.

  • Capital gains and losses obtained as a result of the transfer of shares of Investment Companies admitted to trading in any of the official secondary Spanish securities markets or in any other of those defined in Directive 2004/39/EEC of the European Parliament and the Council, April 21, 2004.

Note:

The following capital gains and losses are excepted, which must be declared, if applicable, in section "Gains and Losses derived from transfers of other assets"

  • Those derived from the transfer of shares of entities whose assets are constituted at least 50% by real estate located in Spanish territory, to which article 108 of Law 24/1988, of July 28, on the Market refers. of Securities.

  • Those derived from the transfer of shares admitted to trading in any of the official secondary markets mentioned above, when the transfer has not been carried out in said markets or is considered a transaction in installments or with a deferred price.

DENOMINATION OF SECURITIES

The name or company name of the company issuing the transferred shares will be entered.

CALCULATION OF PROFITS AND LOSSES OBTAINED

A data capture window will open in which you must provide the following information for each gain or loss produced:

  1. EQUITY GAINS AND LOSSES ON SHARES AND PARTICIPATIONS TRADED IN ORGANIZED MARKETS

    1. You must select the type of value that causes the capital gain or loss, distinguishing those that derive from shares of Real Estate and Personal Investment Companies from the rest.

    2. Subsequently, a selection menu will open in order to distinguish capital gains based on the date of acquisition of the shares. If it is a capital loss, you must select this concept.

    3. For each transaction, you must record the transfer value and the acquisition value of the shares. For these purposes, gains (or losses) with the same generation period will be considered a single operation.

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

    5. Additionally, if the acquisition was made before 12-31-1994, you must provide the value corresponding to the shares or participations for the purposes of the Wealth Tax for the year 2005. This value will be the average trading value corresponding to the fourth quarter of 2005 included in the Order of the Ministry of Economy and Finance EHA/492/2006, of February 17. The value that must be reflected will be the result of multiplying the number of shares by their unit value.

    6. Repurchase operations of homogeneous securities.

    7. This box will be checked if the transfer causes a loss and homogeneous values have been acquired within the terms and conditions provided for in article 33.5, letter f) of the Tax Law, since the capital loss should not be computed until the subsequent definitive transmission of the reacquired values.

  2. EQUITY PROFITS AND LOSSES ON SHARES OF CORPORATE INVESTMENT COMPANIES IN THE REAL ESTATE MARKET (SOCIMI) SUBJECT TO THE SPECIAL REGIME REGULATED IN LAW 11/2009.

    For tax periods beginning on or after January 1, 2013, the capital gains or losses derived from the transfer of shares of Public Limited Companies Listed in the Real Estate Market (SOCIMI) are determined according to the rules applicable to the transfer of listed securities. , disappearing the limited exemption that partners previously enjoyed in the capital gain obtained.

Article 49. Listed Investment Funds and listed index SICAVs (RD 1309/2005, of November 4)

  1. Listed investment funds are those whose shares are admitted to trading on the stock exchange.

  2. The following are requirements for admission to trading on the stock exchange of shares of an investment fund:

    1. Obtain authorization from the CNMV, in accordance with the procedure established in article 10 of the law. When the fund is deregistered from the corresponding registry of the National Securities Market Commission, the admission of its shares to trading on the stock market will be void.

    2. Comply with the special rules of article 52.1. It will not be required, at the time of admission to trading, that the minimum number of participants be that established in article 3. The constitution of the funds before a notary and their registration in the commercial registry will be optional.

    3. That the objective of the investment policy is to reproduce an index that meets the conditions provided for in article 38.2.d), as well as any other underlying that the National Securities Market Commission expressly authorizes.

    4. The SGIIC will determine the composition of the basket of securities and/or the amount of cash that can be exchanged for shares. Subscription and redemption operations must be carried out in the values that make up the assets or in the necessary amount of cash, in accordance with the requirements of the management company. In this regard, the SGIIC may limit in the prospectus the operation of subscriptions and redemptions only to entities, those authorized in accordance with articles 64 and 65 of Law 24/1988, of July 28, of the Securities Market, to be able to provide investment services, with which it has signed a contract for this purpose.

    5. In order to facilitate the alignment of the quoted value with the estimated net asset value at different moments of the contract, there must be entities that assume the commitment to offer firm buying or selling positions of shares with a maximum price differential. Such entities must belong to the categories indicated in paragraph d).

      The fund's prospectus will include the conditions and limits of the commitment assumed by said entities and the maximum range of the quotes that they will offer.

    6. Adequate dissemination must be carried out through the governing company of the stock exchange on which it is listed:

      1. The fund portfolio.

      2. The composition of the basket of securities and/or the amount of cash that can be exchanged for shares.

      3. The estimated net asset value at different times of the contract.

    7. Any other requirements that the CNMV may establish.

  3. The procedure for transferring shares provided for in article 28 of the law will not apply to listed investment funds.

  4. When the SGIIC admits that subscription or redemption operations are settled in cash, it must establish mechanisms to pass on to investors who subscribe or redeem any imbalances that may occur in the reproduction of the index as a consequence of such operations.

  5. These funds will not be subject to the provisions of article 40.

  6. The acquisition of shares in listed investment funds on the stock market will be exempt from the obligation to provide free of charge the simplified prospectus and the last semi-annual report. In any case, upon request, the complete prospectus and the latest published annual and quarterly reports must be provided.

  7. In the institution's information documents in which data on the net asset value of the units appears, the corresponding data based on the market price must also appear.

    Likewise, the CNMV may determine the detail with which it must be reported in relation to the premium or discount of the price with respect to the net asset value and the differences in profitability that occur between the reference index and the investment fund. In all the institution's publications it must be clearly stated that the fund is listed on the stock market and that its investment policy is to reproduce a certain index.

  8. Listed index SICAVs are those collective investment companies with variable capital that comply with the provisions of the previous sections with the following specialties:

    1. It will not be required, at the time of admission to trading, that the minimum number of shareholders be that established in article 6 of these Regulations.

    2. Sections 3 to 6 of article 52 or articles 53 and 54 of this Regulation will not apply to them.

    3. When the index SICAV is self-managed, all references made in this article to the SGIIC will be understood to be made to the board of directors of the SICAV.

    4. The procedure for transferring shares provided for in Article 28 of the Law will not apply to the shares representing its share capital.