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A taxpayer inquired whether compensation received following their mother's death after an incident in a care home is exempt from Income Tax (IRPF). The Directorate General for Tax (DGT) ruled that the exemption does not apply because the amount was neither determined by a court nor through intermediate formulas involving judicial intervention.
Cuestión planteada Tributación en el IRPF de la indemnización percibida.
Para que una indemnización por responsabilidad civil por daños personales esté exenta, su cuantía debe ser legal o judicialmente reconocida. La cuantía judicialmente reconocida incluye resoluciones de jueces o fórmulas intermedias con intervención judicial, como la transacción judicial. En este caso, al no ser un accidente de circulación ni haber una cuantía determinada judicialmente, no procede la exención.
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