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A company sought clarification on whether compensation and interest paid to a worker following an occupational accident are tax-deductible. The Directorate General of Taxes (DGT) ruled that compensation is deductible provided it does not include the portion corresponding to the surcharge for administrative infringement, and that late payment interest is also deductible.
Cuestión planteada A) Deducibilidad en el Impuesto sobre Sociedades del importe de la indemnización así como de los intereses de demora pagados.
La parte de la indemnización que corresponda al recargo por infracción administrativa establecido en el artículo 123 del TRLGSS no es fiscalmente deducible por tener naturaleza de sanción. El resto de la indemnización y los intereses de demora son gastos deducibles, siempre que se hayan registrado contablemente y no sean multas o sanciones penales o administrativas.
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