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A taxpayer received €2,852.62 in damages due to a delay in the transfer of their pension scheme. The DGT has ruled that this amount is not exempt and must be taxed under Personal Income Tax (IRPF).
Cuestión planteada Tributación en el IRPF de la indemnización.
La indemnización no está exenta por responsabilidad civil ya que no responde a daños personales, sino a daños materiales o patrimoniales. Al no ser una prestación del plan de pensiones ni estar exenta, se califica como ganancia patrimonial según el artículo 33.1 de la Ley del IRPF. Al no derivar de una transmisión de elementos patrimoniales, se considera renta general y se integra en la base imponible general.
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