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A query was raised regarding whether statutory interest arising from a judgment recognising wage differences should be subject to Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) has determined that, as these interests are compensatory in nature, they must be taxed as a capital gain.
Cuestión planteada Tributación en el IRPF de los referidos intereses.
Los intereses que resarcen daños y perjuicios por el retraso en el cumplimiento de una obligación tienen carácter indemnizatorio. Por tanto, no pueden calificarse como rendimientos del capital mobiliario y deben tributar como ganancia patrimonial según los artículos 25 y 33.1 de la Ley 35/2006.
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