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A taxpayer inquired whether they could deduct solicitor and court agent fees from compensation received following a costs order. The Directorate General for Taxes (DGT) ruled that such compensation constitutes a capital gain that cannot be reduced by the procedural costs incurred.
Cuestión planteada Deducibilidad de los gastos de abogado y procurador.
La condena en costas genera una ganancia patrimonial por el importe íntegro de la indemnización. Al no derivar de una transmisión, su cuantificación se corresponde con el propio importe indemnizatorio. Por tanto, no es posible minorar dicha ganancia con los gastos de abogado y procurador en los que se haya incurrido.
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