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V0263-22 ·14 February 2022 ·consulta-vinculante Medium impact
Tax

Court-awarded compensation is treated as a capital gain and does not allow deduction of legal or expert fees

A taxpayer inquired whether they could deduct legal, expert, and solicitor fees from a court-awarded compensation payment. The DGT ruled that the compensation constitutes a capital gain and that such expenses are not deductible as they are considered consumption expenditure.

In 6 key points

How it affects those involved

Taxpayers receiving judicial compensation must be aware that associated legal and professional costs cannot be offset against the income, potentially increasing the effective tax burden on the gain.

Lifecycle

2022-02-14PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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