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A taxpayer inquired whether a certification stating that an acquired artwork is counterfeit constitutes a capital loss. The DGT ruled that there is no change in the composition of the taxpayer's assets because the painting still belongs to them, even if its value has changed.
Cuestión planteada Existencia de una pérdida patrimonial.
Para que exista una pérdida patrimonial debe producirse una alteración en la composición del patrimonio del contribuyente. La certificación de falsedad de una obra no supone dicha alteración, ya que el cuadro permanece en el patrimonio pero con un valor distinto. La existencia de una pérdida dependerá del resultado de las acciones legales que se inicien contra la parte vendedora.
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