How the DGT's position has evolved
Current position
Capital losses, whether due to fraud, theft of crypto-assets, or casualties, are computable provided they are justified according to article 33.5.a) of Law 35/2006. The taxpayer must prove the loss through the means of evidence admitted under Law. The sufficiency of such evidence is the exclusive competence of the tax management and inspection bodies.
The DGT's position has moved from addressing specific cases of excise duties (bonded warehouses) to establishing a uniform criterion for capital losses in Personal Income Tax (IRPF). The doctrine has consolidated around the need for justification through means of evidence admitted under Law, applicable to fraud, theft, and other events affecting assets.
Turning points
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Establishes that the existence of the loss can be proven by the means of evidence admitted under Law, delegating the assessment of its sufficiency to the Administration.
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Clarifies that the DGT does not determine whether a police report is sufficient on its own to prove the loss.
Analysis based on 18 of 18 rulings with a stated position. Updated 25 September 2026.