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V0183-21 ·4 February 2021 ·consulta-vinculante Medium impact
Tax

Legal and solicitor fees cannot be deducted from compensation received

A taxpayer inquired whether they could deduct legal and solicitor fees from compensation received following an out-of-court settlement with a bank. The Directorate General of Taxes (DGT) ruled that the compensation constitutes a capital gain, whereas the fees do not qualify as a deductible capital loss.

In 5 key points

How it affects those involved

This ruling clarifies that legal costs incurred to secure a settlement are not deductible against the resulting capital gain for tax purposes.

Lifecycle

2021-02-04PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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