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A taxpayer inquired whether the payment of legal costs following the loss of an appeal constitutes a capital loss. The DGT confirmed that it does, as it represents a change in the composition of their assets and is not a loss resulting from consumption.
Cuestión planteada Posibilidad de considerar el pago de costas como una pérdida patrimonial.
El pago de costas procesales a la otra parte en un procedimiento judicial conlleva una alteración en la composición del patrimonio y una variación en su valor. Al no ser una pérdida debida al consumo ni encajar en las excepciones del artículo 33.5 de la Ley del IRPF, se considera una pérdida patrimonial. Esta debe imputarse al período impositivo en que la sentencia adquiere firmeza.
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