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V1545-22 ·27 June 2022 ·consulta-vinculante Medium impact
Tax

Legal costs cannot be deducted as capital losses if they are professional expenses

A professional inquired whether uncollected legal costs after one year could be deducted as a capital loss. The DGT ruled that, as these costs are linked to their economic activity, they must be taxed under the rules for income from economic activities rather than as capital losses.

In 6 key points

How it affects those involved

This ruling clarifies that professional legal expenses must be treated as business deductions rather than capital losses, affecting how professionals manage uncollected litigation costs for tax purposes.

Lifecycle

2022-06-27PublishedPublished 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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