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V0572-21 11 March 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Losses from liquidation go to savings base; aval losses to general base

The consultant asks how to offset losses from liquidation, paid guarantees, and unpaid salaries. The tax authority states that liquidation generates a loss in the savings base, while uncollectible guarantees result in a loss in the general base.

The question raised

How can these losses be offset in the Personal Income Tax.

The DGT's ruling

The liquidation of a company generates a capital gain or loss that is included in the savings tax base. The payment of a guarantee is not automatically a loss, but rather a credit right that will only constitute a capital loss when it becomes judicially uncollectible, in which case it is included in the general tax base. Outstanding salaries must be declared in the period in which they become due, and may be regularized through a supplementary self-assessment without penalty if the delay is not attributable to the taxpayer.

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