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V2044-17 ·27 July 2017 ·consulta-vinculante Medium impact
Tax

Capital restitution due to contract nullity is not subject to Income Tax, but interest is taxed as a capital gain

An heir seeks clarification on the taxation of capital repayment and statutory interest following a court ruling declaring a share purchase contract null and void. The Directorate General for Taxes (DGT) rules that the returned capital does not constitute income, whereas the statutory interest is taxed as a capital gain within the savings tax base.

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2017-07-27PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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