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A homeowners' association seeks guidance on how to tax compensation received from an insurer for construction defects. The DGT rules that, as a community of property, the income is attributed to the owners as capital gains or losses.
Cuestión planteada Tratamiento en el IRPF de los importes indemnizatorios percibidos.
La indemnización recibida por daños en elementos patrimoniales se califica como ganancia o pérdida patrimonial. Se computará la diferencia entre la cantidad percibida y la parte proporcional del valor de adquisición correspondiente al daño. Si la indemnización coincide con el coste de las reparaciones, no se produce ganancia ni pérdida patrimonial.
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