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A query was raised regarding the impact on Personal Income Tax (IRPF) of recovering legal costs. The Directorate General for Taxes (DGT) has ruled that the prevailing party may deduct the expenses incurred during the litigation from the amount received.
Cuestión planteada Incidencia en IRPF del cobro de dichas costas procesales.
Para determinar la ganancia patrimonial por la condena en costas, el vencedor podrá deducir del importe recibido los gastos incurridos con motivo del pleito, sin superar el importe de la condena. Si el importe de la condena en costas se corresponde con los gastos incurridos, no se producirá una ganancia patrimonial.
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