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V4263-16 ·5 October 2016 ·consulta-vinculante Medium impact
Tax

Impairment loss on a loan to a related party is deductible if the debtor is in insolvency proceedings and the liquidation phase

A company inquired whether it could claim a tax deduction for an impairment loss on a loan it deemed uncollectible, which served as collateral for a related party's debt. The DGT ruled that the deductibility of such impairment depends on meeting accounting recognition requirements and ensuring the related party is in insolvency proceedings with a judicial liquidation phase underway.

In 6 key points

How it affects those involved

This ruling clarifies the specific conditions under which impairment losses on intercompany loans can be tax-deductible, specifically requiring the debtor to be in the liquidation stage of insolvency proceedings.

Lifecycle

2016-10-05PublishedPublished 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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