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The taxpayer asks whether paying a debt under joint and several liability can be treated as a capital loss for Personal Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) rules that payment does not automatically trigger a loss, as a right of credit remains against the principal debtor.
This ruling clarifies that taxpayers cannot immediately claim a tax loss upon paying someone else's debt; they must first demonstrate that their right to recover that money from the original debtor has been exhausted.
The tax team reviews your specific situation.
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