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A taxpayer has enquired about the tax treatment of compensation received by a homeowners' association following a lawsuit against a developer for construction defects. The Directorate General for Taxes (DGT) has ruled that the compensation is attributed to the individual co-owners and its tax treatment depends on whether the amount covers the repair costs.
Cuestión planteada Tributación de la indemnización.
La indemnización recibida por una comunidad de propietarios se atribuye a los comuneros y califica como ganancia o pérdida patrimonial. Si el importe percibido coincide con el coste de las reparaciones de las zonas privativas y comunes, no se computa ganancia ni pérdida patrimonial. Solo se producirá una variación patrimonial cuando no exista equivalencia entre la indemnización y el coste de las reparaciones.
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