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A query was raised regarding whether compensatory damages, paid due to the impossibility of executing a court order to demolish a structure, are exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that such compensation constitutes taxable income and must be taxed as a capital gain.
Cuestión planteada Tributación en el IRPF de la indemnización que en su caso se perciba.
La indemnización por inejecución de sentencia constituye la realización del hecho imponible del IRPF al no estar amparada por exenciones legales. Se califica como ganancia patrimonial al alterar la composición del patrimonio mediante la incorporación de dinero. Al no proceder de una transmisión, el importe de la ganancia es el valor percibido. Esta ganancia debe integrarse en la base imponible general.
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