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V2023-20 19 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Losses from dissolution and uncollectible debts included in savings or general tax base

A partner asks what losses can be claimed after the dissolution of their society and what documentation is required. The DGT clarifies that dissolution generates a capital gain or loss in the savings base, while uncollectible debts and guarantees are included in the general tax base.

The question raised

Which of these losses can be declared in the Personal Income Tax corresponding to the year of liquidation and what documentation must be submitted to justify them.

The DGT's ruling

The dissolution and liquidation of a company generates a capital gain or loss based on the difference between the market value of the assets received and the acquisition value of the shares. Loans to the company that become uncollectible following liquidation constitute a capital loss to be included in the general taxable base. In the case of guarantees, payment does not automatically constitute a loss, but rather a credit right that will only be considered a loss when it is judicially uncollectible or meets the imputation requirements of Article 14.2.k) of the Personal Income Tax Law. There are no prescribed methods of proof, and the taxpayer must prove the losses using means that are valid under the law.

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