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A query was raised regarding whether compensation for civil liability arising from medical negligence, agreed through a settlement and approved by judicial transaction, is exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that if the payment corresponds to personal injury and the amount is judicially recognised, the income is exempt.
Cuestión planteada Tributación en el IRPF de la indemnización.
Para que la indemnización por responsabilidad civil sea exenta, debe corresponderse con daños personales (físicos, psíquicos o morales) y su cuantía debe estar legal o judicialmente reconocida. La cuantía judicialmente reconocida incluye fórmulas intermedias como la transacción judicial, siempre que haya intervención judicial. Si el acuerdo por negligencia médica es homologado mediante transacción judicial, el importe estará exento.
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