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A query was raised regarding whether the collection of legal costs following a successful lawsuit affects Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that this amount is compensatory in nature, serving to restore the party to their previous position, and therefore constitutes a capital gain.
Cuestión planteada Incidencia en el IRPF de la percepción de las costas procesales.
La condena en costas genera un crédito a favor de la parte vencedora, por lo que el cobro no es un rendimiento profesional sino una indemnización por los gastos incurridos. Esto constituye una ganancia patrimonial según el artículo 33.1 de la Ley 35/2006, cuantificable por el importe de la condena sin minoración de gastos. La ganancia se imputa al periodo en que la sentencia adquiere firmeza y se integra en la base imponible general.
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