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V1863-25 14 October 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdidas patrimoniales

Losses from a deceased relative cannot be offset by heirs in personal income tax

An heir asks whether they can use their deceased brother's capital losses to offset their own taxable income. The DGT replies that such losses belong exclusively to the taxpayer who incurred them.

The question raised

It is asked whether, in her capacity as an heir, she may offset in her Personal Income Tax return the capital losses that her brother did not offset.

The DGT's ruling

Capital losses correspond solely to the taxpayer who has obtained them, pursuant to Article 11.5 of the Personal Income Tax Law. The object of the tax is the income of the taxpayer themselves, and gains or losses are considered to be obtained by those who are the owners of the assets. Therefore, the heir cannot offset in her tax returns the losses that her brother did not offset.

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