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V2069-20 ·23 June 2020 ·consulta-vinculante Medium impact
Tax

Capital losses from investments cannot be claimed unless requirements under Article 14.2.k) of the IRPF Act are met

A taxpayer inquired about when money lost in a suspected investment scam can be declared as a capital loss. The DGT ruled that such a loss can only be recognised when the specific circumstances of overdue and uncollected debts, as provided by law, are met.

In 5 key points

How it affects those involved

This ruling clarifies the strict criteria for recognising capital losses resulting from investment fraud, limiting the ability to claim losses unless they qualify as uncollected debts under specific legal conditions.

Lifecycle

2020-06-23PublishedPublished 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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