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V1977-23 7 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdidas patrimoniales

Losses can be recognised for non-collected credits at the end of insolvency proceedings

The consultant asks whether losses on credits held in Forum Philatelic can be claimed and when. The tax authority responds that non-payment does not automatically generate a loss, but a patrimonial loss arises when the credit remains unsatisfied at the conclusion of insolvency proceedings.

The question raised

Question posed: Possibility of computing capital losses for the aforementioned credits. If affirmative, the period for recognizing these losses.

The DGT's ruling

Capital losses arising from overdue and uncollected credits are recognized when a debt forgiveness in a refinancing agreement or insolvency proceeding becomes effective, or when the insolvency proceeding concludes without the credit being satisfied (except for specific causes of conclusion). In this case, the conclusion of the Fórum Filatélico insolvency proceeding allows the losses to be recognized in the 2022 tax period. These losses are included in the general tax base as capital losses not derived from the transfer of assets.

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