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V1161-22 ·26 May 2022 ·consulta-vinculante Medium impact
Tax

Payment by an indemnifier for an amount less than the principal debt does not generate a patrimonial gain

An indemnifier who settles a bank debt and reaches an agreement to pay an amount less than the full amount guaranteed seeks to know whether this constitutes a patrimonial gain. The DGT responds that no patrimonial gain arises because the indemnifier does not have a prior debt being reduced, but rather their obligation arises upon executing the guarantee.

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2022-05-26PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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