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V1423-23 ·25 May 2023 ·consulta-vinculante Medium impact
Tax

Capital loss resulting from an uncollected loan is attributed to the holder of the legal ownership of the investment

The DGT states that a capital loss is attributable when the circumstances in Article 14.2 of the Personal Income Tax Law are met, and that the ownership of the loss must be attributed to the person holding the beneficial ownership of the investment.

In 6 key points

How it affects those involved

The loss is only deductible if the conditions in Article 14.2 of the IRPF Law are met, and the beneficial ownership of the investment must be assigned to the individual holding it.

Lifecycle

2023-05-25PublishedPublished 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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