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V1148-24 23 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Losses from fraud may be deducted in income tax if properly proven

A taxpayer asks whether a loss from cryptocurrency fraud can be deducted. The DGT states that the loss is conceptually a patrimonial loss, but must be justified and supported by valid evidence.

The question raised

Possibility of computing a loss of assets in Personal Income Tax (IRPF).

The DGT's ruling

The amount subject to fraud constitutes a loss of assets as it represents a variation in the value of the estate. However, for it to have an impact on Personal Income Tax (IRPF), the loss must be justified according to Article 33.5.a) of Law 35/2006. The existence of the loss shall be proven through the means of evidence admitted under Law, with the Administration being responsible for determining whether they are sufficient. As it does not derive from a transfer, it is integrated into the general taxable base.

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