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V2382-25 ·9 December 2025 ·consulta-vinculante Low impact
Tax

Loss can be attributed to 50% to each spouse in community property regime

A taxpayer asks whether a loss from an investment in a bankrupt company can be allocated to 50% to their spouse, given they are in a community property regime but the loss is only recorded under their name. The DGT responds that the loss is attributable to the tax year in which the bankruptcy ends and that ownership can be attributed to both spouses if it is proven that the debt belongs to the community property company.

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2025-12-09PublishedPublished 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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