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A taxpayer has requested clarification on the treatment of losses and arbitration costs arising from a joint venture agreement (cuentas en participación). The Directorate General for Taxes (DGT) has ruled that such losses constitute negative returns on movable capital and that arbitration expenses are not deductible.
This ruling clarifies the tax treatment of losses within joint venture structures, confirming they are categorized as negative returns on movable capital and establishing that arbitration costs cannot be deducted from taxable income.
The tax team reviews your specific situation.
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