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The consultant asks when a loss from a judicial costs judgment should be recognised. The DGT responds that such a loss must be charged to the tax period in which the judgment becomes final.
Cuestión planteada Imputación temporal de la pérdida patrimonial correspondiente al pago de las costas judiciales.
El pago de las costas procesales constituye una pérdida patrimonial y no un gasto de consumo. La alteración patrimonial se entiende producida en el periodo impositivo en que la sentencia condenatoria haya adquirido firmeza. Esta pérdida se integra en la base imponible general siguiendo las reglas de compensación de la Ley del IRPF.
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