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A company has requested clarification on whether a €70,000 compensation payment for the violation of fundamental rights is subject to tax withholding. The Directorate General for Taxes (DGT) has ruled that, as the compensation for non-pecuniary damage was judicially determined, the income is exempt.
Cuestión planteada Se pregunta si la indemnización "está sometida a retención o exenta en base al artículo 7 d) de la Ley 35/2006".
Para que una indemnización por responsabilidad civil esté exenta según el artículo 7.d) de la Ley 35/2006, debe ser por daños personales (físicos, psíquicos o morales) y su cuantía debe ser fijada judicialmente. En este caso, al responder la indemnización a daños morales y haber sido determinada por sentencia, la renta es exenta y no está sometida a retención de IRPF.
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