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A taxpayer inquired whether compensation for damage to their property is subject to Personal Income Tax (IRPF) and if legal and expert fees can be deducted as capital losses. The Directorate General for Taxes (DGT) ruled that no gain occurs if the amount matches the repair costs, and that legal defence expenses are not deductible.
This ruling clarifies that compensation intended for property restoration does not constitute a taxable capital gain, provided the funds are used for that specific purpose, while also confirming the non-deductibility of legal costs.
The tax team reviews your specific situation.
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