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The consultant asks whether heirs can claim pending compensable patrimonial losses from their deceased father. The DGT responds that such losses are not subject to inheritance and do not form part of the estate.
Cuestión planteada Si tiene derecho a heredar el importe que le corresponda del saldo negativo de las pérdidas patrimoniales pendientes de compensar.
Las pérdidas patrimoniales no compensadas corresponden únicamente al contribuyente que las ha obtenido. Al no ser objeto de transmisión, no existe un derecho transmisible mortis causa que integre la herencia. Por tanto, los herederos no pueden compensar dichas pérdidas en sus propias declaraciones de IRPF.
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