How the DGT's position has evolved
Current position
Wealth variations that do not derive from the transfer of assets, such as civil liability compensation, late payment interest, or debt forgiveness, are integrated into the general tax base. Asset losses must be duly justified and substantiated for their calculation. Likewise, uncompensated asset losses are not transferable rights mortis causa, meaning heirs cannot utilize them.
The DGT maintains a consistent position by classifying as capital gains or losses those incomes that do not stem from a transfer, integrating them into the general tax base. The doctrine is applied uniformly to both compensation for breach of contract and losses due to theft or debt forgiveness. No changes in criterion are observed, but rather a repeated application of the regulations and the doctrine of the Supreme Court.
Analysis based on 35 of 37 rulings with a stated position. Updated 20 July 2026.