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V1098-20 28 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Loss from crypto investment only imputable if article 14.2.k) LIRPF conditions met

A taxpayer asks when a loss from a crypto investment following a suspected scam can be recognised as a capital loss. The DGT responds that such a loss can only be claimed where the specific circumstances of overdue and uncollected credits provided by law are met.

The question raised

Question posed: Taxation under Personal Income Tax regarding the capital loss incurred in the investment made.

The DGT's ruling

The loss of capital invested in cryptocurrencies may be understood as a capital loss when any of the circumstances set forth in letter k) of Article 14.2 of the Personal Income Tax Law (LIRPF) occur. In the specific case, it is not deduced that any of the circumstances of said article occur at the time of the inquiry.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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