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A query was raised regarding whether legal fees and insolvency practitioner charges incurred during insolvency proceedings can be deducted as capital losses. The Directorate General of Taxes (DGT) ruled that these expenses do not qualify as capital losses as they are considered consumption expenses.
Cuestión planteada Si los gastos de referencia constituyen pérdida patrimonial a incluir en la base imponible general del IRPF.
El pago de honorarios de abogado y aranceles del administrador concursal no constituye una pérdida patrimonial según el artículo 33.1 de la Ley 35/2006. Estos gastos se excluyen del cómputo de pérdidas patrimoniales por ser debidos al consumo, al ser una contraprestación por servicios recibidos.
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