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V0037-15 9 January 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Compensation for latent defects in a property is taxed as a capital gain or loss

A query was raised regarding the taxation of judicial compensation for construction defects in a dwelling. The DGT ruled that it must be classified as a capital gain or loss.

The question raised

Question posed: Taxation of the compensation in the Personal Income Tax (IRPF).

The DGT's ruling

The compensation is considered a capital gain or loss as it is neither exempt nor classified as other income. The difference between the amount received and the proportional part of the acquisition value corresponding to the damage shall be calculated. If the compensation coincides with the repair cost, there is no gain or loss; if there is no equivalence, a change in net worth exists. In the event that repairs are not carried out, the resulting gain is integrated into the general taxable base.

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