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V1218-25 4 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss cannot be recognised without meeting Article 14.2 k) requirements

The consultant asks whether a payment for a prefabricated house, not built due to the company's insolvency, can be deducted as a patrimonial loss. The DGT responds that the amount paid constitutes a credit right and can only be treated as a loss when the specific conditions for overdue and uncollected credits under the law are met.

The question raised

Possibility of computing a capital loss in the IRPF-2024.

The DGT's ruling

The amount paid for the construction does not generate an immediate capital loss, but rather constitutes a credit right against the company. This loss may only be imputed when the circumstances set forth in letter k) of Article 14.2 of the Personal Income Tax Law are met, such as the effectiveness of a debt waiver in a refinancing agreement or the conclusion of insolvency proceedings. In the event of judicial enforcement proceedings, one year must elapse without the credit being satisfied. Should the loss occur, it shall be included in the general taxable base.

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