Taxes on capital gains on forex

As there is in fact able to act as intermediaries in the collection of tax is a long time since that still is not clear if and how they should be treated for capital gains accrued on foreign exchange transactions.

There is in fact a legal vacuum in this area, since it was not specified whether the forex pairs are considered by the legislature as financial products, which include, as a recent practice, however, the CFD (Contract For Difference ie), on which you want that although the broker, usually foreign, does not act as withholding agent, the gain must be included in accrued annual tax return as other income for the note, on which is obviously applied the withholding tax of 12.5%

Therefore appears to be the special tax treatment for . There are as yet subject to taxation, capital gains made by means of: assignments of foreign currency (spot or forward), which are equivalent to the storage and retrieval operations on current accounts abroad provided that the deposit exceeds 51645.69 euros and the sum remains there for at least 7 days.

For the purposes of calculating the tax base, then, in the case of transfers of currency, the cost is given by the current exchange spot to the conclusion of the sale, except conversions to be related to the dates specified, while in the remaining cases the fee relates ( possibly converted) or changing the time of 'operation at the historical rate, ie the change dating back more than a second of the LIFO method (which rewards in rising markets) but can be applied in the presence of certification issued by' intermediary. In the absence of documentation, one can refer to the lesser of the monthly exchange rate, established by ministerial decree, in any tax year in which the gain is realized.

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