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V3188-17 13 December 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Loss of capital from payments to promoter only computable when credit is judicially uncollectable

The consultant asks whether a capital loss can be recognised for amounts paid to a promoter in insolvency proceedings. The DGT responds that such a loss can only be recognised when the credit right is declared judicially uncollectable.

The question raised

Question posed: Possibility of computing a capital loss for the amounts paid to the developer.

The DGT's ruling

The amounts paid for the purchase of a property under construction constitute a credit right. For a capital loss to occur, said right must be judicially uncollectible through a final resolution in insolvency proceedings. As of 2015, losses from overdue and uncollected credits may be imputed according to the special rules for the effectiveness of debt waivers or the conclusion of insolvency proceedings established in the Personal Income Tax Law.

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