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V1323-26 28 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss from sale of a vessel is deductible only if not due to normal use or consumption

The DGT confirms that a patrimonial loss from the sale of an inherited vessel is only deductible if the negative difference does not arise from depreciation due to normal use or consumption.

The question raised

Whether the capital loss derived from the transfer of the recreational vessel is computable for Personal Income Tax (IRPF) purposes and, if applicable, whether it must be included in the savings tax base for the 2025 tax year, potentially being subject to offset against other capital gains or against income from movable capital as referred to in Article 46 of the LIRPF.

The DGT's ruling

The capital loss is computable if it does not arise from the depreciation resulting from the normal use or consumption of the asset, whereby the acquisition value must be reduced by said depreciation to reflect the market value. If a negative difference persists after this reduction, it shall be included in the savings tax base. Said loss may be offset against capital gains and, subsequently, against income from movable capital, subject to a limit of 25%.

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