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V1129-21 ·27 April 2021 ·consulta-vinculante Medium impact
Tax

Legal costs and late payment interest from a court ruling may constitute capital losses

A taxpayer inquired whether amounts resulting from a court-ordered seizure for legal costs and late payment interest can be treated as capital losses. The DGT ruled that they are, but excluded the loan principal as it is considered a consumption expense.

In 6 key points

How it affects those involved

This ruling clarifies that while interest and legal costs arising from judicial rulings can be classified as capital losses for tax purposes, the principal amount of a debt remains a non-deductible consumption expense.

Lifecycle

2021-04-27PublishedPublished 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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