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The consultant asks whether losses from fraud can be considered patrimonial losses for income tax purposes. The DGT states that if the perpetrator is not identified, it constitutes an immediate patrimonial loss. However, if a debtor is identified, a one-year judicial enforcement period or a concursal liquidation must be followed.
Cuestión planteada
Si el autor del engaño es desconocido, se produce una pérdida patrimonial en el momento del hecho. Si se identifica al autor y existe un derecho de crédito, la pérdida solo es imputable cuando el crédito sea judicialmente incobrable. Para créditos vencidos y no cobrados, se requiere la eficacia de una quita en concurso o que transcurra un año desde el inicio de un procedimiento judicial de ejecución.
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