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A taxpayer asks how to tax compensation received from a court ruling for damages resulting from the negligent management of their pension plan. The DGT rules that this constitutes a capital gain which must be attributed to the tax year in which the judgment becomes final.
Cuestión planteada Tributación de la indemnización por daños y perjuicios percibida. Imputación temporal.
La percepción de una indemnización por daños y perjuicios constituye una ganancia patrimonial al alterar la composición del patrimonio. Al no derivar de una transmisión, se integra en la base imponible general. La imputación temporal debe realizarse en el período impositivo en que la sentencia que determina el derecho a la percepción adquiera firmeza.
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