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A taxpayer inquired whether payments made in 2017 for rent on properties transferred during a divorce could be considered compensatory pensions. The Directorate General of Taxes (DGT) ruled that they cannot, as the private agreement that gave rise to the payments was not judicially ratified.
Cuestión planteada Se consulta si las cantidades satisfechas en 2017 podrían calificarse como pensión compensatoria.
Para que las pensiones compensatorias sean objeto de reducción en la base imponible, deben ser satisfechas por decisión judicial. Aunque el Código Civil permite sustituir la pensión por el usufructo de bienes o la entrega de capital, los pagos derivados de un acuerdo privado no ratificado por el Juez no pueden calificarse como pensión compensatoria.
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