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V2616-23 27 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Losses from fraud may be deductible for Income Tax purposes if justified by legally admissible evidence

A taxpayer inquired whether money lost as a victim of telephone fraud could be deducted as a capital loss. The Directorate General of Taxes (DGT) ruled that the amount constitutes a capital loss, provided it can be adequately justified.

The question raised

Question raised: Possibility of accounting for a capital loss in Personal Income Tax (IRPF).

The DGT's ruling

The amount of a fraud constitutes a capital loss, but it shall not be accounted for if it is not justified. For it to have an impact on Personal Income Tax (IRPF), the taxpayer must prove the loss through the means of evidence admitted under Law. The assessment of such evidence to determine its sufficiency is the responsibility of the tax management and inspection bodies. As it does not derive from a transfer of assets, it is integrated into the general taxable base.

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