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A taxpayer received funds following a court ruling that annulled the foreign currency clauses of their mortgage. The DGT has ruled that this money does not constitute income, but the taxpayer must regularise their main residence tax deduction if it was previously applied to those amounts.
Cuestión planteada Tributación en el IRPF de los referidos importes.
La restitución de cantidades pagadas de más por la nulidad de un préstamo en divisas no constituye renta sujeta a IRPF. Si dichas cantidades se usaron para la deducción por inversión en vivienda habitual, se debe regularizar la situación tributaria según el Reglamento del IRPF. Los intereses legales de la sentencia, al ser indemnizatorios, tributan como ganancia patrimonial integrada en la base imponible del ahorro.
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