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A community of owners enquired whether it was required to file Form 184 after receiving an insurance indemnity that exceeded the repair costs. The DGT ruled that, as the capital gain does not exceed €3,000, there is no obligation to submit this informative tax return.
Question posed: Whether the receipt of the compensation obliges the community to file Form 184.
Homeowners' associations are taxed through the attribution of income, whereby insurance compensation is classified as a capital gain or loss. The gain is determined by the difference between the compensation received and the repair cost. There is no obligation to file Form 184 if the only income obtained is this capital gain and its amount does not exceed 3,000 euros per year.
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