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V0470-25 25 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · responsabilidad patrimonial

Public sector personal injury compensation may be exempt from IRPF

A public servant asks whether judicial compensation for moral and psychological damage from labour exploitation is exempt from IRPF. The DGT states that exemption depends on whether the amount relates to personal damage (physical, psychological or moral) and falls within civil or patrimonial liability provisions under law.

The question raised

Question posed: Taxation of the compensation that may be established by the judicial sentence.

The DGT's ruling

Compensation for personal injury is exempt from Personal Income Tax (IRPF) if it results from civil liability for personal injury in the amount judicially recognized, or if it is paid by Public Administrations for personal injury resulting from the operation of public services. The exemption applies to physical, psychological, or moral damages, excluding material damages. The applicability of the exemption is contingent upon the compensation corresponding to one of these cases of exempt income.

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What is published here, applied to a company or a specific case. The first meeting is free.

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