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A taxpayer received compensation following the reclassification of land from developable to rural. The DGT has ruled that the compensation is not exempt, as it constitutes property damage rather than personal injury, and must therefore be included in the general tax base.
Cuestión planteada Tributación en el IRPF de la indemnización.
La indemnización no está exenta porque la exención del artículo 7.q) de la Ley del IRPF se limita a daños personales y no a daños patrimoniales. Al no derivar de una transmisión de elementos patrimoniales, la ganancia patrimonial se cuantifica por el importe percibido. Esta ganancia debe integrarse en la base imponible general, según el artículo 48 de la Ley del IRPF.
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