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V0506-16 9 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Theft of assets may be treated as a capital loss if justifiable

A taxpayer asks whether the theft of assets from their home, without insurance coverage, can be considered a capital loss. The DGT responds that this is possible provided the loss can be justified and quantified based on the market value of the stolen assets.

The question raised

Consideration of theft as a loss of wealth.

The DGT's ruling

The theft of assets constitutes a loss of wealth provided it can be justified. The amount shall be quantified according to the market value of the stolen items. The existence of the loss must be proven through the means of evidence admitted under Law, with the Administration being responsible for assessing whether the evidence is sufficient. As it does not derive from a transfer, it is integrated into the general taxable base.

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