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A query was raised regarding the impact on Personal Income Tax (IRPF) of a court order to pay legal costs. The Directorate General of Taxes (DGT) ruled that for the losing party, this constitutes a capital loss, whereas for the winning party, it represents a capital gain.
Cuestión planteada Incidencia en el IRPF de la condena al pago de las costas
La condena en costas no es un pago de rendimientos profesionales, sino una indemnización a la parte vencedora. Para el condenado, constituye una pérdida patrimonial que debe imputarse al periodo impositivo en que la sentencia adquiera firmeza. Esta pérdida se integra en la base imponible general de la renta.
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