Phishing scams, understood as campaigns to send false messages that impersonate the Tax Agency, count as a property loss in the Income Tax return if they are “sufficiently” justified.
The technician of the Study Service of the Registry of Tax Advisory Economists (REAF) Raquel Jurado indicated that the justification will be made “by going to the Civil Guard and filing a complaint.”
Thus, he explained that taxpayers who suffer from this type of scam can compute in their income tax return a capital loss on the general basis, which must be “sufficiently” justified.
Furthermore, the General Directorate of Taxes (DGT) interprets that this capital loss will be imputed in the year in which the fraud occurs.
On its website, the Tax Agency details that the sending of false email and SMS messages that impersonate the Administration try to “steal the victim’s personal or banking data, either by referring them to a false website that impersonates that of the Tax Agency or by making it download files with viruses”.
The Agency insists that it never requests by email or message on mobile phones confidential, economic or personal information, account numbers, taxpayer card numbers, nor does it attach attachments with invoice information or other types of data.
According to the Treasury, among the examples of messages sent through technological channels that impersonate the Tax Agency detected in 2024 is a fake SMS campaign to retired mutual members, who were requested to provide their bank card details. In that case, they received a call asking them to make transfers from their own bank account with the argument of proceeding with a refund from the campaign ‘Requests for refund of personal income tax 2020-2023 by pensioners who made contributions to mutual societies’ by a new method .
The Treasury also warns that false messages are very common in which the Tax Agency supposedly identifies a serious incident in the citizen’s declaration and requests that the documentation be sent immediately, in the event of a possible sanction, as well as notices of a new notification with the corresponding link, warning that there is 48 hours left to respond.
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