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A taxpayer queried the taxation of late payment interest received following a compulsory purchase. The DGT ruled that, as these payments are compensatory in nature, they are taxed as capital gains, being integrated into either the savings tax base or the general tax base depending on their duration.
Cuestión planteada Tributación de los intereses de demora.
Los intereses de demora tienen carácter indemnizatorio y no son rendimientos del capital mobiliario, por lo que tributan como ganancias patrimoniales. Si los intereses indemnizan un período no superior a un año, se integran en la base imponible general. Si el período es superior a un año, se integran en la base imponible del ahorro.
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