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V1119-24 23 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss of a deposit in a judicial auction is considered a capital loss in the general tax base

A taxpayer inquired whether the loss of a €2,454.38 deposit, resulting from the failure to complete the payment for a property awarded at auction, constitutes a capital loss. The DGT ruled that it does, as it represents a change in net worth that does not stem from the transfer of an asset.

The question raised

Possible consideration as a capital loss in Personal Income Tax.

The DGT's ruling

The loss of the deposit made to bid in a judicial auction constitutes a capital loss, as it is a variation in the value of the assets that does not derive from the transfer of an asset. This loss must be included in the general taxable base, in accordance with Articles 45 and 48 of the Personal Income Tax Law. The temporal imputation must be carried out in the tax period in which the change in assets occurs.

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