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A claimant receiving free legal aid was paid the legal costs by the losing party to pass them on to their court-appointed lawyer. The DGT has ruled that this amount does not affect their personal income tax assessment.
Cuestión planteada Incidencia del cobro de la condena en costas en la tributación por el IRPF del consultante.
Aunque la condena en costas suele constituir una ganancia patrimonial para el vencedor por su carácter restitutorio, en este caso no hay incidencia tributaria. Al ser beneficiario de asistencia jurídica gratuita, los gastos de defensa no son asumidos por el consultante, sino por las Administraciones Públicas. Por tanto, el importe percibido y trasladado al abogado no genera obligación tributaria para el interesado.
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