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A homeowners' association has requested clarification regarding the Personal Income Tax (IRPF) treatment of compensation received for construction defects. The Directorate General for Taxes (DGT) has ruled that, as it is a community of property, the compensation is attributed to the co-owners as a capital gain or loss.
Cuestión planteada Tratamiento en el IRPF de la indemnización.
La indemnización se califica como ganancia o pérdida patrimonial según el artículo 33.1 de la Ley del IRPF. Si el importe percibido coincide con el coste de las reparaciones de los defectos, no se computa ganancia ni pérdida patrimonial. Solo se producirá una variación patrimonial si existe una diferencia entre la indemnización y el coste de las reparaciones.
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