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V0264-15 22 January 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Payment of a guarantee does not automatically constitute a patrimonial loss

A taxpayer asks whether paying a debt as a guarantor constitutes a patrimonial loss. The DGT responds that such payment creates a credit right against the guaranteed party and other guarantors, and will only be considered a loss if that credit is judicially uncollectible.

The question raised

Existence of a capital loss.

The DGT's ruling

The amount paid by a guarantor does not constitute an automatic capital loss, as it constitutes a credit right against the guaranteed party and the other guarantors. The capital loss only occurs when said credit right becomes judicially uncollectible. In cases of insolvency proceedings, the loss shall be imputed according to the special rules for the temporal imputation of overdue and uncollected credits.

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