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A self-employed individual enquired whether legal fees incurred to judicially claim a denied cessation of activity benefit were deductible. The Directorate General for Taxes (DGT) ruled that such a benefit constitutes income from employment and, therefore, legal defence costs are deductible subject to the statutory limit.
Cuestión planteada Deducibilidad del gasto correspondiente a la letrada.
La prestación por cese de actividad es un rendimiento del trabajo según el artículo 17.1 b) de la Ley del IRPF. Los gastos de defensa jurídica derivados de litigios con la persona de la que se perciben los rendimientos son deducibles, con el límite de 300 euros anuales establecido en el artículo 19.2.e) de la Ley del Impuesto.
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