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Form 100. Personal Income Tax Declaration 2018

Cases in which there is no capital gain or loss

It will be estimated that there is no capital gain or loss in the following cases:

  1. In capital reductions
  2. On the occasion of lucrative transfers due to the death of the taxpayer.
  3. On the occasion of lucrative transfers of companies or shares referred to in section 6 of article 20 of Law 29/1987, of December 28, on the Inheritance and Donation Tax.

In these cases, the donee will be subrogated to the position of the donor regarding the values and dates of acquisition of the assets.

The assets that are affected by the taxpayer to the economic activity after their acquisition must have been affected uninterruptedly for at least 5 years prior to the date of transfer.

  1. In the extinction of the matrimonial property regime of separation of assets, when due to legal imposition or judicial resolution awards are made for reasons other than compensatory pensions between spouses.

    The assumption referred to in this letter may not give rise in any case to updates of the values of the assets or rights awarded.

  2. On the occasion of contributions to protected assets established in favor of people with disabilities.

  1. Capital reduction