How the DGT's position has evolved
Current position
A debtor's failure to pay does not automatically generate a loss of assets due to the persistence of the right of credit. The loss is only attributable when the scenarios set forth in Article 14.2, letter k) of the IRPF (Personal Income Tax) Law occur, such as the effectiveness of a debt waiver in a refinancing agreement or the conclusion of insolvency proceedings without satisfaction of the credit. These losses must be included in the general taxable base as they do not derive from the transfer of assets.
The DGT's position remains constant throughout the analyzed sequence. The criterion establishes that non-payment alone is not a cause of loss and requires the occurrence of specific legal scenarios, such as a debt waiver or the end of insolvency proceedings. No changes in the interpretation of the rule are observed throughout the rulings.
Analysis based on 46 of 47 rulings with a stated position. Updated 2 August 2026.