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V2821-17 ·2 November 2017 ·consulta-vinculante Medium impact
Tax

Payment as a guarantor is not automatically a patrimonial loss in income tax

The consultant asks whether paying a debt as a guarantor for their companies constitutes a patrimonial loss. The DGT responds that such payment generates a credit right against the company and will only be considered a loss if that right is uncollectable under legal conditions.

In 6 key points

How it affects those involved

The payment of a debt as a guarantor creates a credit right against the company; a loss only arises if the right is uncollectable under legal conditions.

Lifecycle

2017-11-02PublishedPublished 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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