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A magistrate queried whether financial compensation received for not taking rest periods following on-call shifts could be exempt as compensation for personal injury. The Directorate General of Taxes (DGT) ruled that it must be taxed as employment income and will be attributed to the tax year in which the judicial resolution becomes final.
Cuestión planteada Tributación en el IRPF del referido importe.
La compensación no es una indemnización por daños personales, sino que compensa retributivamente los días de descanso no disfrutados, por lo que es un rendimiento del trabajo. Se imputará al periodo impositivo en que la resolución judicial que determina el derecho a percibirla adquiera firmeza. Al tener un periodo de generación superior a dos años, es aplicable la reducción del 30% prevista en la ley.
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