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V2069-20 23 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Capital losses from investments cannot be claimed unless requirements under Article 14.2.k) of the IRPF Act are met

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.

The question raised

Personal Income Tax taxation of the capital loss incurred in the investment made.

The DGT's ruling

The capital loss regarding the unrecoverable amount of the credit right can only be understood as having occurred when any of the circumstances established in letter k) of Article 14.2 of the LIRPF concur. In the specific case, it is not deduced that any of the circumstances of said rule concur to impute the loss.

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