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A taxpayer received compensation after suing their advisory firm for errors in their Personal Income Tax return. The DGT has determined that this amount is not exempt, as it constitutes property damage rather than personal injury, and must therefore be taxed as a capital gain.
Cuestión planteada Tributación en el IRPF.
La indemnización por responsabilidad civil profesional no está exenta por el artículo 7.d) de la Ley del IRPF, ya que compensa un perjuicio económico y no daños personales. Tampoco aplica el artículo 37.1.g) porque no deriva de un siniestro en un elemento patrimonial. Por tanto, debe calificarse como ganancia patrimonial por la incorporación de dinero al patrimonio, computándose por el importe íntegro de la indemnización.
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