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V0962-22 ·3 May 2022 ·consulta-vinculante Medium impact
Tax

Legal and solicitor fees cannot be treated as capital losses for Income Tax purposes

A taxpayer inquired whether legal defence costs incurred following an Income Tax assessment could be classified as capital losses. The Directorate General for Taxes (DGT) ruled that such expenses are considered consumption expenditure and are therefore not deductible.

In 4 key points

How it affects those involved

This ruling clarifies that costs associated with legal representation in tax disputes do not qualify as capital losses, preventing taxpayers from reducing their taxable base through these expenses.

Lifecycle

2022-05-03PublishedPublished 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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