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A homeowners' association has requested clarification on how to tax compensation received following litigation over construction defects and whether legal fees can be deducted. The Directorate General of Taxes (DGT) ruled that the compensation constitutes a capital gain if it exceeds the cost of repairs, and that procedural expenses cannot be deducted.
This ruling clarifies the tax treatment of compensation for property defects, establishing that any amount exceeding the actual repair costs must be declared as a capital gain, while also confirming that legal costs are not deductible from such compensation.
The tax team reviews your specific situation.
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