Skip to content
V0664-15 ·23 February 2015 ·consulta-vinculante Medium impact
Tax

Impairment of loans to related parties cannot be deducted through mere legal claims

A company asks whether it can deduct the non-payment of a loan granted to a related party as an expense via a legal claim or seizure. The DGT rules that, because they are related parties, it is mandatory for the debtor to be in insolvency proceedings and for the judge to have opened the liquidation phase.

In 6 key points

How it affects those involved

Companies cannot rely solely on legal proceedings to claim tax deductions for bad debts involving related entities; strict insolvency criteria must be met.

Lifecycle

2015-02-23PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact