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V1030-23 ·26 April 2023 ·consulta-vinculante Medium impact
Tax

Late payment interest from the Tax Agency is taxed as a capital gain in the general tax base

A taxpayer inquired about the taxation of late payment interest received following a refund of undue payments. The Directorate General for Taxes (DGT) ruled that, following a change in Supreme Court criteria, such interest constitutes a capital gain that must be included in the general tax base.

In 6 key points

How it affects those involved

This ruling affects taxpayers receiving interest from tax refunds, as it shifts the taxation method to the general tax base rather than being treated as income from movable capital.

Lifecycle

2023-04-26PublishedPublished 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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