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A taxpayer has inquired whether legal fees, including costs for solicitors, court representatives, and judicial expenses resulting from the nullity of a subordinated obligations contract, are deductible. The Directorate General of Taxes (DGT) has ruled that these expenses do not constitute capital losses.
Cuestión planteada Tratamiento fiscal de los gastos judiciales soportados.
Los gastos judiciales, de abogados y de procurador soportados por el contribuyente se configuran como un supuesto de aplicación de renta al consumo. Por tanto, según el artículo 33.5.b) de la Ley 35/2006, no pueden computarse como pérdidas patrimoniales.
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