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The consultant asks how judicial indemnity interests are taxed. The DGT responds that, as damages and losses interest, they must be taxed as patrimonial gains included in the general tax base.
Cuestión planteada Tributación de la cantidad obtenida en concepto de intereses.
Los intereses indemnizatorios, que resarcen daños por incumplimiento o retraso, no son rendimientos del capital mobiliario sino ganancias patrimoniales. Siguiendo la doctrina del Tribunal Supremo, estos intereses deben integrarse en la base imponible general y no en la del ahorro. La imputación temporal se realiza en el período impositivo en que la sentencia sea firme.
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