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A taxpayer inquired about when money lost in a suspected investment scam can be declared as a capital loss. The DGT ruled that such a loss can only be recognised when the specific circumstances of overdue and uncollected debts, as provided by law, are met.
Cuestión planteada Tributación por el Impuesto sobre la Renta de las Personas Físicas de la pérdida patrimonial incurrida en la inversión realizada.
La pérdida patrimonial respecto al importe no recuperable del derecho de crédito solo puede entenderse producida cuando concurra alguna de las circunstancias establecidas en la letra k) del artículo 14.2 de la LIRPF. En el caso concreto, no se deduce que concurra ninguna de las circunstancias de dicha norma para imputar la pérdida.
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