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V1187-25 1 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Cannot claim patrimonial loss from fraudulent crowdfunding investment

The taxpayer asks whether a €2,500 loss from a crowdfunding platform in Estonia, which turned out to be a scam, can be claimed in personal income tax. The DGT responds that the loss cannot be recognised because the claim is not judicially uncollectable under legal requirements.

The question raised

Possible existence of a capital loss in the Personal Income Tax (IRPF) for 2024.

The DGT's ruling

The non-payment by a debtor does not automatically generate a capital loss, as a credit right exists. For this right to generate a loss, it must be judicially uncollectible through final rulings in insolvency proceedings or compulsory enforcement proceedings that demonstrate the impossibility of collection. In this case, the credit right does not meet the circumstances of temporal imputation provided for by law to determine a loss in the 2024 tax year.

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