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The inquirer asks about the taxation of indemnities for personal injury, default interest, and legal costs. The DGT determines that interest on an exempt indemnity is also exempt, but interest on non-exempt concepts is taxed as capital gains.
Question posed: Extension of the exemption of indemnity interest corresponding to exempt income to the indemnity for legal costs.
Indemnity interest for delay in the payment of an indemnity exempt for personal injury (Art. 7.d LIRPF) is also exempt. However, interest corresponding to non-exempt concepts, such as compensation for loss of employment, is taxed as capital gains. Finally, the amount received for legal costs constitutes a capital gain due to its restorative nature regarding defense expenses.
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