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A community of communal lands consulted whether the reimbursement of a balance to the Administration upon the termination of an agreement constitutes a deductible expense. The DGT ruled that it does not, as such a refund represents the cancellation of a financial liability.
Cuestión planteada Si la reintegración del saldo pendiente a la Administración con ocasión de la resolución del convenio tiene la consideración fiscal de gasto deducible.
El anticipo reintegrable aportado por la Administración constituye un pasivo financiero que se cancela con los ingresos obtenidos. Por tanto, la devolución del saldo pendiente no constituye un gasto, sino que responde a la cancelación de dicho pasivo financiero.
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