Mutual funds are not liable to Income Tax under the present tax
regime until the shares owned are disposed of or sold. Transfers between
mutual funds are not liable to tax until the amounts invested are
definitively cashed in.
There is then a capital variation, gain or loss, which is the
difference between the value of the disposal or sale of the shares and
the value of purchase or subscription (updated in the Basque Country),
understanding that those purchased first are considered disposed of.
A deduction is applied to capital gains calculated in this way resulting from cashing in shares subscribed prior to the 31st of December 1994.
Capital gains can be offset against demonstrable capital losses from
the sale of shares in other mutual funds, conventional shares and/or
real estate, and the result, if positive, forms part of the savings
base, liable to the following rates:
| NAVARRA | ESTADO |
| Hasta 6.000 euros | 20% | 21% |
| Desde 6.000,01 euros hasta 24.000 euros | 24% | 25% |
| desde 24.001 euros | 26% | 27% |
| GUIPÚZCOA |
| Hasta 4.000 euros | 20% |
| desde 4.001 euros | 23% |
| ÁLAVA |
| hasta 10.000 euros | 20% |
| desde 10.001 euros | 23% |
If the result is negative, then it can be offset over the next 4 years.
Capital gains are also withheld as income tax payment on account:
| RETENCIONES FONDOS INVERSION (según domicilio fiscal partícipe |
ESTADO | 21% desde el 1 de enero de 2012 |
NAVARRA | 19% hasta 22-2-2012 y 20% desde 23-2-2012 |
PAÍS VASCO | 19% hasta 29-2-2012 y 21% desde 1-3-2012 |
En todos los casos, en principio, hasta 31-12-2013.
In Navarra, capital increases are tax free when the sum
of the disposals which take place in the year (sum of mutual funds,
shares and real estate) does not exceed €3,000 per taxpayer. In the case
of a married couple in community of property, the amount is €6,000.