Financial assets are complex, as is the case with cryptocurrencies, which are generally not very transparent and are still in the process of being regulated, yet are economically attractive. This type of asset ends up generating, in some cases, scams and doubts derived from their taxation. The Subdirectorate General for Financial Operations, with regard to the judicial-tax sphere, states that it is not enough to file a complaint in order to be able to declare the losses caused by an investment in cryptocurrencies in the IRPF.
These assets address a broad concept encompassing different types of virtual assets under the Proposal for a Regulation of the European Parliament and of the Council on crypto-asset markets and amending Directive (EU)2019/1937 of 24 September 2020, which defines the concept of a crypto-asset in its Article 3(1)(2) as "a digital representation of value or rights that can be transferred and stored electronically, using decentralised recording technology or similar technology".
The IRPF law, with respect to gains and losses, currently does not allow a capital loss of the amount of a credit not repaid on its maturity to be correctly computed.
In this case, an enquirer had a loss of value in a cryptoasset investment in 2021, reportedly on a fraudulent platform and has questioned whether it is possible to compute that loss in the tax return having filed a formal complaint with the National Police .Finally, this request was rejected by the Directorate General of Taxation since this assumption does not concur in the art. 14.2 k) of the LIRPF. After one year has elapsed since the events, the lodging of the complaint is not considered to constitute the initiation of legal proceedings.
Source: Legal news