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V1170-15 16 April 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

A non-collected loan only creates a patrimonial loss in IRPF if judicially uncollectable

A taxpayer asks whether the inability to recover loans made to a company constitutes a patrimonial loss. The DGT responds that the credit is not automatically a loss and that uncollectability must be determined judicially.

The question raised

Impact on Personal Income Tax (IRPF) taxation of the potential loss.

The DGT's ruling

Amounts owed under a loan do not automatically constitute a capital loss, as they represent a credit right. A capital loss will only occur when said right is judicially uncollectible, whether by resolution in insolvency proceedings or in a compulsory enforcement procedure that demonstrates the impossibility of collection. To assess such impossibility, other circumstances manifesting the debtor's insolvency may be taken into account.

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