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The taxpayer seeks clarification on the tax implications of a court-ordered rescission of a real estate sale and purchase agreement due to non-payment, involving a penalty clause. The Directorate General for Taxes (DGT) rules that the rescission has retroactive effects and generates a capital gain equivalent to the amount of the indemnity.
The ruling clarifies that indemnity payments received following the retroactive termination of a contract must be treated as capital gains for Personal Income Tax (IRPF) purposes.
The tax team reviews your specific situation.
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