How the DGT's position has evolved
Current position
The existence of a credit right prevents the automatic imputation of a loss of assets. For the deduction of overdue and uncollected credits to proceed, the provisions of article 14.2 letter k) of the LIRPF (Personal Income Tax Law) must be met, such as the effectiveness of a haircut in insolvency proceedings or the passing of one year since the start of judicial enforcement proceedings without satisfaction of the credit. In cases of joint and several liability, the loss only occurs when the legal possibilities of reimbursement from the principal debtor are exhausted.
The DGT's position has remained constant over time, reaffirming that the existence of a credit right blocks the immediate loss of assets. The rulings maintain the same regulatory framework based on article 14.2 letter k) of the LIRPF. A repeated application of the criterion is observed regarding the necessity for the credit to be judicially uncollectible or for the enforcement deadlines to be met.
Analysis based on 16 of 20 rulings with a stated position. Updated 25 September 2026.