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V2849-19 15 October 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Capital loss for stolen jewellery may be claimed if the difference from insurance compensation is proven

A taxpayer inquired whether they could declare a capital loss following the theft of jewellery and watches if the insurance compensation received was lower than their value. The Directorate General of Taxes (DGT) ruled that the loss is the difference between the acquisition value (adjusted for usage) and the compensation received.

The question raised

Possibility of computing a loss of assets.

The DGT's ruling

The theft of jewelry and watches constitutes a loss of assets. This is determined by subtracting from the compensation received the proportional part of the acquisition value, reduced by the depreciation due to consumption. The existence of the loss must be proven through the means of evidence admitted under Law.

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