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A taxpayer inquired whether a capital loss arising from the donation of a property could be offset against gains from another donation. The DGT ruled that losses from gratuitous transfers are not taken into account for this purpose.
Cuestión planteada Puede compensar esta pérdida con la ganancia patrimonial que ha resultado de otra donación.
Según el artículo 33.5.c) de la LIRPF, no se computarán como pérdidas patrimoniales las debidas a transmisiones lucrativas por actos ínter vivos o a liberalidades. Por tanto, las pérdidas por donación de elementos patrimoniales no pueden compensarse con las ganancias patrimoniales obtenidas.
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