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A taxpayer received a sum from an insurer that exceeded the contributions made to a housing cooperative following a settlement. The DGT has ruled that this excess constitutes a capital gain that must be included in the general tax base.
Cuestión planteada Tributación en el IRPF del importe superior a lo aportado.
La percepción de un importe superior a las entregas efectuadas (no calificado como intereses) por parte de una compañía aseguradora supone una alteración en el patrimonio que manifiesta una ganancia patrimonial. Al no derivar de una transmisión de elementos patrimoniales, dicha ganancia debe integrarse en la base imponible general del IRPF.
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