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A query was raised regarding whether legal and solicitor fees arising from a divorce can be accounted for as capital losses in Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) ruled that these expenses are considered consumption expenditure and are therefore not deductible.
Cuestión planteada Tratamiento fiscal en su declaración de IRPF, de los gastos incurridos en abogado y procurador con motivo de su divorcio.
Los gastos de abogado y procurador incurridos con motivo de un divorcio se configuran como un supuesto de aplicación de renta al consumo del contribuyente. Por tanto, según el artículo 33.5 de la Ley 35/2006, no pueden computarse como pérdidas patrimoniales ni tienen incidencia en la liquidación del impuesto.
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