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The DGT confirms that the winner of a legal proceeding with a cost order may deduct the expenses incurred, without exceeding the amount received.
Cuestión planteada "¿Qué gastos judiciales son deducibles para una persona que ha ganado un procedimiento judicial y costas?"
La condena en costas constituye una indemnización con carácter restitutorio para la parte vencedora. Para determinar la ganancia patrimonial, el litigante podrá deducir del importe recibido los gastos incurridos con motivo del pleito, con un límite máximo igual al importe recibido. Si la condena en costas se corresponde con los gastos incurridos, no se producirá ganancia patrimonial.
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