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A taxpayer inquired whether legal defence costs incurred in criminal proceedings could be classified as a capital loss. The Directorate General of Taxes (DGT) ruled that they cannot, as these are considered consumption expenses.
Cuestión planteada Consideración de los gastos de abogado y procurador como pérdida patrimonial.
El pago de servicios de abogado y procurador se configura como una renta al consumo del contribuyente. Al tratarse de una prestación de servicios, no constituye una variación en el valor del patrimonio que pueda computarse como pérdida patrimonial según el artículo 33.1 y 33.5.b) de la Ley 35/2006.
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