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A taxpayer inquired whether a loss of 75,022 euros, stemming from payments made to a developer for the purchase of three flats, affects their Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) responded that a capital loss cannot be established as there is no evidence of the contracts being terminated with the loss of said amounts.
This ruling clarifies that mere payments made towards a purchase do not constitute a capital loss for tax purposes unless the underlying contract is formally terminated and the funds are lost as a result.
The tax team reviews your specific situation.
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