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A taxpayer requested clarification regarding the taxation of compensation for housing defects, legal costs, and interest. The DGT ruled that compensation does not generate a capital gain if it is equivalent to the repair cost, whereas legal costs and interest are considered capital gains.
Cuestión planteada Tributación en el IRPF de los importes percibidos.
La indemnización por defectos de construcción es una ganancia o pérdida patrimonial; si el importe coincide con el coste de reparación, no hay variación patrimonial que tributar. La condena en costas constituye una ganancia patrimonial por su carácter restitutorio. Los intereses moratorios, al ser indemnizatorios, tributan como ganancias patrimoniales integradas en la base imponible del ahorro.
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