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V0247-23 ·14 February 2023 ·consulta-vinculante Medium impact
Tax

Losses from fraud or deception may be treated as capital losses if justified

A taxpayer has enquired whether funds lost after falling victim to supplier identity theft can be included in their Personal Income Tax (IRPF) calculation. The Directorate General of Taxes (DGT) has ruled that the amount constitutes a capital loss, provided it can be substantiated through evidence admissible under law.

In 5 key points

How it affects those involved

This ruling clarifies that victims of fraud can mitigate their tax liability by offsetting these losses against other income, provided they meet the necessary evidentiary standards.

Lifecycle

2023-02-14PublishedPublished 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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