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A query was raised regarding whether the payment of tax debts under joint and several liability can be recorded as a capital loss for Personal Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) ruled that payment does not automatically generate a loss, as a right of claim exists against the principal debtor; a loss only occurs once all possibilities for reimbursement have been exhausted under the conditions set by law.
This ruling clarifies that taxpayers paying debts on behalf of others cannot immediately claim a tax loss, as they must first attempt to recover the funds from the primary debtor.
The tax team reviews your specific situation.
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