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A taxpayer inquired whether compensation received due to their lawyer's negligence could be considered tax-exempt income. The DGT ruled that, as the compensation pertains to financial loss rather than personal injury, the amount must be taxed as a capital gain.
Cuestión planteada Posible consideración como renta exenta de la cuantía percibida por el consultante.
La exención del artículo 7.d) de la LIRPF solo aplica a indemnizaciones por daños personales, no a daños patrimoniales. Las indemnizaciones por responsabilidad civil contractual deben calificarse como ganancias patrimoniales integradas en la base imponible general. Su cuantificación será el importe determinado por el acuerdo extrajudicial o la sentencia.
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