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An creditor requests clarification on whether the recovery of judicial costs from a restitution claim, paid by the insolvency estate, is taxable as income. The DGT states that as it constitutes a reimbursement of expenses incurred, it does not generate capital gain.
Cuestión planteada Tributación en el IRPF.
El pago por parte de la masa concursal del importe correspondiente al reembolso de los gastos y costas judiciales en los que incurrió un acreedor legitimado no da lugar a una ganancia patrimonial. Esto se debe a que existe una identidad de importes entre el gasto soportado y el reintegro percibido.
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