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A taxpayer has enquired whether funds lost after falling victim to supplier identity theft can be included in their Personal Income Tax (IRPF) calculation. The Directorate General of Taxes (DGT) has ruled that the amount constitutes a capital loss, provided it can be substantiated through evidence admissible under law.
Cuestión planteada Forma de computar la pérdida en el IRPF.
El importe de un engaño o estafa constituye una pérdida patrimonial según el artículo 33.1 de la Ley 35/2006. Para que sea deducible, la pérdida debe estar justificada, pudiendo acreditarse mediante los medios de prueba admitidos en Derecho. Al no derivar de una transmisión de elementos patrimoniales, se integra en la base imponible general como renta general.
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