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V1682-23 13 June 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss of capital can be claimed on a non-recovered credit from a bankrupt company

The taxpayer asks whether a loss on a credit from a bankrupt company can be claimed in their personal income tax. The DGT responds that the loss is attributable to the period when the bankruptcy procedure ends and that the heir can prove ownership to claim it.

The question raised

Possibility of computing a capital loss in the 2022 Personal Income Tax (IRPF) return for the unrecovered credit.

The DGT's ruling

The non-payment by a debtor does not automatically generate a capital loss, but the regulations allow for the imputation of losses for overdue and uncollected credits when the insolvency proceedings conclude without the credit being satisfied. For the heir to be able to apply it, they must hold the ownership of the credit at the time of the conclusion of the insolvency proceedings. Ownership may be proven through the means of evidence admitted under Law. This loss is integrated into the general taxable base as a capital loss that does not derive from the transfer of assets.

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