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A taxpayer has inquired whether being ordered to pay legal costs and statutory interest can be treated as a capital loss. The Directorate General of Taxes (DGT) has ruled that both concepts represent a change in the composition of assets, allowing them to be recorded as a loss.
Cuestión planteada Consideración como pérdida patrimonial en el IRPF de la condena en costas y de los intereses.
La condena en costas para la parte vencida constituye una pérdida patrimonial al tratarse de una indemnización que altera su patrimonio. Asimismo, los intereses legales derivados de dicha condena también se consideran pérdidas patrimoniales, ya que resarcen daños por incumplimiento y no encajan en las exclusiones del artículo 33.5 de la Ley del IRPF.
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