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A taxpayer inquired about the tax treatment of a refund received following a court ruling after a developer failed to complete a property construction. The Directorate General for Taxes (DGT) clarified that the refund of the principal does not constitute a capital gain, but compensatory interest and the award of legal costs may have tax implications.
Cuestión planteada Tributación en el IRPF.
La devolución de las cantidades entregadas a la promotora no supone variación patrimonial si los importes coinciden. Los intereses de la sentencia, al ser indemnizatorios, tributan como ganancia patrimonial integrada en la base imponible del ahorro. Respecto a las costas, el vencedor puede deducir los gastos incurridos del importe recibido, de modo que si el resarcimiento iguala a los gastos, no hay ganancia patrimonial.
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