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V0302-15 27 January 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

The existence of a credit right does not automatically constitute a patrimonial loss

A taxpayer asks whether the inability to collect a bill of exchange acquired from a company in bankruptcy constitutes a patrimonial loss. The DGT responds that a credit right does not automatically result in a loss, which only arises when the credit is judicially uncollectible or under specific provisions of the law.

The question raised

In view of the impossibility of collection, the existence of capital losses is questioned.

The DGT's ruling

The existence of a credit right does not automatically constitute a capital loss for the amount paid. The loss occurs when the credit right becomes judicially uncollectible through final rulings in insolvency proceedings. As of 2015, losses for overdue and uncollected credits are recognized when there is an effective debt waiver, when the insolvency proceeding concludes without satisfying the credit (subject to exceptions), or after one year of unsuccessful judicial enforcement proceedings.

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