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A taxpayer inquired whether the payment of €22,559.05 in legal costs during judicial proceedings could be treated as a capital loss. The DGT ruled that, as it represents a change in assets beyond the taxpayer's will and is not a consumption expense, it does indeed constitute a capital loss.
Cuestión planteada Posibilidad de considerar el pago de las costas como pérdida patrimonial.
El pago de costas procesales a la otra parte en un procedimiento judicial supone una alteración en la composición del patrimonio y una variación en su valor. Al no tratarse de una pérdida debida al consumo ni de los supuestos excepcionados en el artículo 33.5 de la Ley del IRPF, el pago comporta una pérdida patrimonial.
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