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An heir asks how late payment interest received following the expropriation of a farm owned by their deceased father is taxed. The DGT rules that these interests constitute capital gains which must be attributed to the tax year of the deceased's death.
Cuestión planteada Tributación en el Impuesto sobre la Renta de las Personas Físicas.
Los intereses de demora por expropiación tienen carácter indemnizatorio y deben tributar como ganancias patrimoniales, no como rendimientos del capital mobiliario. Estas ganancias se atribuyen a quien generó el derecho, en este caso el fallecido, y deben integrarse en su último periodo impositivo. El heredero tributará por dicho derecho mediante el Impuesto sobre Sucesiones y Donaciones.
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