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V1103-25 25 June 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Loss of patrimony from inherited debt imputed if conditions in IRPF Art. 14.2(k) are met

The consultant asks whether a change of ownership of a debt in a bankruptcy administration justifies a patrimonial loss. The DGT responds that a patrimonial loss is recognised when the conditions in IRPF Art. 14.2(k) are met, such as the bankruptcy concluding without debt repayment.

The question raised

Whether the change of ownership of the credit by the insolvency administration is sufficient to justify the loss of assets.

The DGT's ruling

The non-payment by a debtor does not automatically generate a loss of assets. In the context of insolvency proceedings, the loss is imputed when any circumstance under Article 14.2 letter k) of the Personal Income Tax Law occurs, such as the conclusion of the insolvency proceedings through the liquidation of assets without satisfying the credit. Ownership of the credit may be proven by certification from the insolvency administration or by means of evidence admitted under Law.

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