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V0641-23 17 March 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

A patrimonial loss can be recognised for a non-collected credit after insolvency proceedings end

The consultant asks whether the dissolution of a company in insolvency allows declaring a loss on an unrecovered investment. The DGT responds that the conclusion of insolvency proceedings without credit satisfaction permits recognising the patrimonial loss in the corresponding tax year.

The question raised

Taxation of losses incurred on invested money that has not been recovered.

The DGT's ruling

The non-payment by a debtor does not automatically generate a capital loss due to the existence of a credit right. However, pursuant to Article 14.2 letter k) of the Personal Income Tax Law (LIRPF), losses from overdue and uncollected credits are imputed when the insolvency proceedings conclude without the credit having been satisfied. In this case, the loss is attributable to the tax period in which the conclusion of the insolvency proceedings is declared.

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