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V2237-23 ·27 July 2023 ·consulta-vinculante Medium impact
Tax

Failure to repay a loan does not automatically generate a capital loss without meeting legal requirements

The taxpayer asks whether they can declare a capital loss for a loan not repaid due to the insolvency proceedings of the debtor company. The DGT responds that non-payment does not automatically generate the loss and that one of the specific circumstances provided by law must occur for its recognition.

In 6 key points

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2023-07-27PublishedPublished 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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