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A homeowner inquired about the taxation of compensation received from a homeowners' association due to construction defects. The Directorate General for Taxes (DGT) ruled that while the compensation is attributed to the owner as a capital gain or loss, no tax is due if the amount matches the cost of the repairs.
Cuestión planteada Tributación de la indemnización.
La indemnización recibida por defectos de construcción se califica como ganancia o pérdida patrimonial. No se computará ganancia patrimonial si la indemnización percibida coincide con el coste de las reparaciones realizadas o por realizar. Solo se producirá una variación patrimonial cuando no exista equivalencia entre el importe indemnizatorio y el coste de reparación.
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