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A taxpayer inquired whether legal fees incurred due to a dismissal can be deducted in the tax year they were paid or the year the conflict arose. The Directorate General for Taxes (DGT) ruled that these expenses must be allocated to the period in which they become due, regardless of when the claimed income was generated.
Cuestión planteada Criterios de deducibilidad de dichos gastos de abogado en su declaración de IRPF.
Los gastos de defensa jurídica son deducibles cuando se trata de honorarios de profesionales del Derecho que defienden al perceptor de rendimientos del trabajo en desacuerdos con su pagador. Estos gastos deben imputarse al periodo impositivo en que sean exigibles, con un límite de 300 euros anuales. Es posible generar rendimientos negativos si los ingresos del trabajo no superan el gasto abonado.
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