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V3536-20 10 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Unrecovered loan amounts following company liquidation may be treated as capital losses

A taxpayer has inquired whether the portion of loans that could not be recovered following the dissolution and liquidation of a company can be declared as a capital loss for Personal Income Tax (IRPF) purposes. The Directorate General of Taxes (DGT) has ruled that such uncollectible amounts constitute a capital loss.

The question raised

Possibility of including a capital loss in the taxpayer's Personal Income Tax for the unrecovered amount of loans granted.

The DGT's ruling

The amount of the company's debt to the taxpayer that becomes uncollectible following dissolution and liquidation constitutes a capital loss. This loss must be included in the general tax base of the tax, as it does not derive from the transfer of assets, pursuant to Article 48 of Law 35/2006. It corresponds to the tax year in which the dissolution and liquidation of the company occurs.

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