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The DGT states that the investment constitutes a credit right and a loss can only be recognised when the conditions of letter k) of article 14.2 of the Income Tax Law are met.
Question posed: Possibility of computing a capital loss in the IRPF-2022 for an investment in a company through a real estate crowdlending/crowdfunding portal, as "the investment money was delivered years ago to real estate developers and once the money was collected they fled to Dubai, which constitutes a fraud and there are several affected parties".
La inversión realizada constituye un derecho de crédito frente a la empresa, por lo que no genera una pérdida patrimonial por el mero fraude. La pérdida solo podrá imputarse cuando se cumpla alguna de las circunstancias del artículo 14.2 letra k), como la quita en un concurso o el transcurso de un año en un procedimiento judicial de ejecución del crédito. El hecho de que exista un proceso judicial que no sea de ejecución no permite computar la pérdida.
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