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V0129-21 29 January 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · intereses indemnizatorios

Interest from mortgage expense refunds is taxed as capital gains in the savings tax base

A taxpayer inquired about the taxation of refunds related to floor clauses, mortgage expenses, and interest. The DGT stated that the query regarding the refund of amounts is untimely, but ruled that interest arising from mortgage expenses constitutes capital gains.

The question raised

Taxation in the Personal Income Tax (IRPF) of the amounts reimbursed and the interest.

The DGT's ruling

Interest on the reimbursement of appraisal, notary, registry, and management fees is compensatory in nature and must be taxed as capital gains. As they do not arise from a transfer, they are quantified by the amount received. Their temporal imputation corresponds to the period in which the right is recognized and the payment is agreed upon. These interests shall be included in the savings tax base.

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