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V1286-22 ·6 June 2022 ·consulta-vinculante Medium impact
Tax

Restitution due to contract nullity is not income, but statutory interest is taxable

A taxpayer asks whether the refund of money resulting from the judicial nullity of a mortgage hedging contract, along with its statutory interest, is subject to Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) rules that the returned capital does not constitute income, but the statutory interest is considered a capital gain.

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2022-06-06PublishedPublished 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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