Skip to content
Back to index
V0278-18 7 February 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Theft of an asset constitutes a capital loss subject to the compensation received

A taxpayer inquired whether the theft of a watch and the subsequent insurance compensation could be treated as a capital loss. The DGT ruled that while the theft constitutes a capital loss, the amount must be determined by subtracting the compensation received from the acquisition value of the asset.

The question raised

Consideration of theft as a capital loss.

The DGT's ruling

The theft of an asset constitutes a capital loss. The loss shall be calculated by subtracting the compensation received from the acquisition value of the asset, reduced by depreciation due to use. The taxpayer must prove the loss through the means of evidence admitted under Law.

Book your free first meeting