Skip to content
Back to index
V0424-24 14 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

A fraud suffered by a taxpayer may be counted as a capital loss if properly justified

The inquirer asks whether they can deduct a loss from their Personal Income Tax (IRPF) after being defrauded in a fake vehicle repair scam. The Directorate General for Taxes (DGT) responds that the amount constitutes a capital loss, but it must be duly justified to be tax-deductible.

The question raised

Possibility of computing a capital loss in the Personal Income Tax (IRPF).

The DGT's ruling

The amount of a fraud constitutes a capital loss pursuant to Article 33.1 of Law 35/2006. However, for it to have an impact on the tax, the loss must be justified, which may be substantiated through the means of proof admitted under Law. The assessment of such evidence is the responsibility of the tax management and inspection bodies.

Book your free first meeting