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V2808-19 11 October 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss of capital cannot be recognised until credit amount is determined

The consultant asks whether a capital loss can be recognised after a judgment awarding compensation for fraud, where the amount will be determined during enforcement. The DGT responds that this is not possible because the credit is not yet a mature, collected credit due to lack of quantification.

The question raised

Possibility of computing a capital loss for the aforementioned amounts.

The DGT's ruling

The non-payment by a debtor does not automatically generate a capital loss, as a credit right exists. For a loss to occur, the credit must be judicially uncollectible or meet the requirements regarding maturity and non-payment set forth in Article 14.2.k) of the Personal Income Tax Law. In this case, as the compensatory amount was not quantified in the judgment, it cannot be considered a matured and unpaid credit.

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