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V1833-20 ·9 June 2020 ·consulta-vinculante Medium impact
Tax

Legal costs and late payment interest may be considered capital losses for Income Tax purposes

A taxpayer has inquired whether being ordered to pay legal costs and statutory interest can be treated as a capital loss. The Directorate General of Taxes (DGT) has ruled that both concepts represent a change in the composition of assets, allowing them to be recorded as a loss.

In 6 key points

How it affects those involved

This ruling clarifies that expenses arising from legal proceedings, specifically court costs and interest, can be used to offset capital gains in the personal income tax return.

Lifecycle

2020-06-09PublishedPublished 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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