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A taxpayer inquired whether compensation received from a law firm for negligence in managing a road traffic accident claim is exempt. The Directorate General for Taxes (DGT) ruled that it does not qualify as an exemption for personal injury, but rather as a capital gain.
Cuestión planteada Tributación en el IRPF de la indemnización.
La indemnización por negligencia profesional no es una renta exenta por responsabilidad civil por daños personales, ya que repara un perjuicio económico y no daños físicos, psíquicos o morales. Debe calificarse como ganancia patrimonial según el artículo 33.1 de la Ley del IRPF. Su cuantificación es el importe de la indemnización y debe integrarse en la base imponible general.
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