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A taxpayer asks whether compensation of 42,500 euros received from a developer due to property value loss from window blocking is subject to income tax. The DGT responds that the amount must be fully treated as a capital gain.
Question raised: Taxation under Personal Income Tax (IRPF).
The compensation received is not intended to repair the property, but rather to compensate for the economic loss resulting from the loss of value; therefore, its incorporation into the assets constitutes a capital gain pursuant to Article 33.1 of Law 35/2006. The loss of value of the property itself will have its tax impact at the time the property is transferred, as it will be reflected in its lower value.
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