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V1298-24 4 June 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss from unissued shares treated as an uncollected debt requiring compliance with art. 14.2 k)

A taxpayer asks whether a €39,000 investment loss from a fraud can be deducted as a capital loss. The DGT responds that money paid creates a credit right, and the loss can only be recognised if the conditions for uncollected overdue credits under the law are met.

The question raised

Possibility of computing a capital loss in Personal Income Tax

The DGT's ruling

The amount paid for undelivered shares does not constitute a capital loss due to fraud, but rather a credit right against the seller. This loss may only be imputed when one of the circumstances set forth in Article 14.2 letter k) of the Personal Income Tax Law occurs, such as the effectiveness of a debt waiver or the passage of one year in a judicial credit enforcement proceeding. If the loss occurs under these assumptions, it shall be included in the general taxable base.

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