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A taxpayer inquired about the taxation of interest received following a lawsuit for unpaid wages. The DGT ruled that, as these are compensatory interest for late payment, they must be taxed as a capital gain within the general tax base.
Cuestión planteada Tributación en el IRPF de los intereses.
Los intereses por el retraso en el pago de salarios tienen carácter indemnizatorio para resarcir daños y perjuicios. Por tanto, no son rendimientos del capital mobiliario, sino ganancias patrimoniales. Siguiendo la doctrina del Tribunal Supremo, estos intereses deben integrarse en la base imponible general y no en la base del ahorro.
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