Impact of the Constitutional Court of Spain's judgement 59/2017, of 11 May 2017, on the Spanish Individual Income Tax Return on capital losses arising from divesting shares of a limited liability Company

Abstract

This paper analyses if the Constitutional Court of Spain's judgement 59/2017, of 11 May 2017, about the Spanish tax on the value gain of urban land estates in cases of losses may have an impact on the capital gains included in the Spanish individual income tax return (IRPF) when divesting with a loss shares on a Limited Liability Company provided current art. 37.1.b of the Spanish Law on Individual Income Tax.