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V0718-24 16 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Refund of IIVTNU requires correction of capital gains from sale; interest taxed as general income

A taxpayer received a refund of the IIVTNU (Non-Transferable Property Tax) related to an inheritance, along with late payment interest, following the sale of the property years earlier. The DGT clarifies that the capital loss from the original sale must be rectified and that the late payment interest is subject to taxation as general income.

The question raised

Taxation in the Personal Income Tax (IRPF) of the IIVTNU refund and the interest.

The DGT's ruling

The refund of the IIVTNU is not taxed in the year of receipt, but rather requires the deduction of said amount from the acquisition value of the property, necessitating a supplementary tax return for the year of the sale. The late payment interest received is compensatory in nature and must be taxed as a capital gain integrated into the general tax base, in accordance with the doctrine of the Supreme Court.

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