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V0483-16 8 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Termination of a sale and purchase agreement results in a capital loss in the tax year the agreement is signed

A married couple sought clarification on whether the loss of deposits paid for a property and the payment of legal costs following the termination of a sale and purchase agreement constituted capital losses, and in which tax year these should be declared. The DGT ruled that both amounts are capital losses and must be recognised in the tax year in which the termination agreement is signed.

The question raised

Existence of a capital loss and temporal attribution.

The DGT's ruling

The termination of the purchase and sale agreement, which entails the loss of the amounts paid on account, constitutes a capital loss. This loss must be attributed to the tax period in which the contractual termination is executed. Regarding legal costs, these are attributed when the judgment becomes final, unless their waiver or settlement is agreed upon in a subsequent agreement, in which case they are attributed to the fiscal year of said agreement.

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