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V2103-23 ·18 July 2023 ·consulta-vinculante Medium impact
Tax

Payment as a guarantor does not automatically constitute a patrimonial loss

The consultant asks whether a payment made as a guarantor of a company can be considered a patrimonial loss for income tax purposes. The DGT responds that the payment creates a credit right against the guaranteed party, and it will only be recognised as a patrimonial loss if that right is judicially unenforceable under the law.

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2023-07-18PublishedPublished 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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