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A property owner paid a sum to a neighbour to resolve a dispute regarding estate boundaries and avoid litigation. The DGT has ruled that this payment does not constitute a capital loss for Personal Income Tax (IRPF) purposes.
Cuestión planteada Si el abono de dicha cantidad tiene para la consultante la consideración de pérdida patrimonial en el Impuesto sobre la Renta de las Personas Físicas.
La cantidad abonada mediante acuerdo transaccional para resolver controversias sobre linderos no tiene consideración de pérdida patrimonial. No obstante, dicho importe formará parte del valor de adquisición de la finca, según el artículo 35.1.b) de la LIRPF.
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