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A taxpayer asks whether a capital loss from cryptocurrency trading fraud can be deducted. The DGT states the loss is conceptually capital in nature but must be properly substantiated.
Question raised: Possibility of accounting for a capital loss in the Personal Income Tax (IRPF).
The amount of a fraud constitutes a capital loss pursuant to Article 33.1 of Law 35/2006, but shall not be accounted for if it is not justified. The taxpayer must prove the existence of the loss through the means of evidence admitted under Law. The assessment of said evidence to determine its sufficiency is the responsibility of the tax management and inspection bodies. As it does not derive from a transfer, it is included in the general taxable base.
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