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A taxpayer has enquired about the taxation of compensation received for negligent tax advice, including statutory interest and legal costs. The Directorate General of Taxes (DGT) has ruled that these are not exempt income as they constitute compensation for patrimonial damage and must be taxed as capital gains.
Cuestión planteada Tributación en el IRPF.
La indemnización por daños patrimoniales derivados de asesoramiento negligente es una ganancia patrimonial que se integra en la base imponible general. Las costas procesales también constituyen una ganancia patrimonial por su carácter restitutorio. Los intereses legales, al ser indemnizatorios, son ganancias patrimoniales que se integran en la base imponible del ahorro.
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