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The taxpayer asks whether the situation of Afinsa Bienes Tangibles S.A. following its insolvency proceedings can be applied as a capital loss. The Tax Agency responds that, upon the conclusion of the insolvency proceedings through the liquidation of assets without satisfaction of the credit, a capital loss occurs attributable to the 2023 tax year.
Question posed: "Whether in the Income Tax return to be filed this year 2024, corresponding to the 2023 tax year, I can deduct the capital loss produced in Afinsa, as occurs with Forum Filatélico."
The non-payment by a debtor does not automatically generate a capital loss due to the existence of a credit right. However, the loss from overdue and uncollected credits is attributable when the insolvency proceedings conclude without satisfaction of the credit, unless the conclusion is due to specific liquidation causes. In this case, the judgment concluding the insolvency proceedings allows the loss to be computed in the 2023 tax period.
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