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V2141-25 12 November 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss from debt cancellation treated as general income

The consultant asks whether a patrimonial loss from debt forgiveness and share renunciation can be declared. The DGT states that debt cancellation generates a patrimonial loss, but since it is not a transfer of assets, it is considered general income.

The question raised

Possibility of declaring a capital loss for the amount of the haircut of 200,000 euros corresponding to the amounts lent and for the waiver of actions aimed at recovering the remainder of the transferred amounts.

The DGT's ruling

The haircut agreed upon between creditor and debtor, whereby a payment lower than the amount owed is stipulated to extinguish the debt, generates a capital loss for the amount not collected. As it derives from the extinction of a credit right and not from the transfer of assets, said loss must be included as general income in the tax base pursuant to Article 45 of Law 35/2006.

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