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An individual received compensation for medical negligence agreed upon between the parties without judicial mediation. The DGT has ruled that, as the amount was not legally or judicially recognised, the compensation is not exempt and must be taxed.
Cuestión planteada Tributación en el IRPF de la indemnización.
Para que una indemnización por responsabilidad civil por daños personales esté exenta, su cuantía debe estar legal o judicialmente reconocida. El reconocimiento judicial incluye resoluciones de jueces o fórmulas intermedias con intervención judicial, como la transacción judicial. Al ser un acuerdo entre partes sin intervención judicial, la indemnización no cumple el requisito y califica como ganancia patrimonial.
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