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V0764-16 ·25 February 2016 ·consulta-vinculante Medium impact
Tax

Loss of capital from an undischarged reserve requires judicial uncollectability

The consultant asks whether a €3,000 reserve given to a construction company that failed to return due to insolvency can be deducted as a capital loss. The DGT responds that no capital loss exists until the credit right is judicially uncollectable or special imputation rules apply.

In 6 key points

How it affects those involved

A credit right is not considered lost for tax purposes until it is judicially uncollectable or specific imputation rules are met.

Lifecycle

2016-02-25PublishedPublished 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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