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V1251-20 5 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Possibility of recognising a patrimonial loss from non-recovered loans to a dissolved civil society

A partner inquired whether a patrimonial loss could be declared for loans made to a civil society that dissolved without repaying the amount. The DGT responds that a loss arises when the circumstances of default established by law are met.

The question raised

Question posed: Possibility of reflecting a capital loss for the unrecovered amount.

The DGT's ruling

The portion of the uncollected credit that cannot be claimed from the remaining partners due to joint and several liability constitutes a capital loss. This loss shall be included in the general tax base in the fiscal year of the dissolution and liquidation of the company. Notwithstanding, the capital loss derived from overdue and uncollected credits may only be imputed to the tax period when the circumstances set forth in letter k) of Article 14.2 of the Personal Income Tax Law concur.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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