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A taxpayer inquired about the taxation of legal costs received after winning a labour lawsuit. The DGT clarified that a court order for costs constitutes a capital gain; however, legal defence expenses that have already been deducted from employment income cannot be deducted from this gain.
Cuestión planteada Incidencia en el IRPF de las referidas costas.
La condena en costas constituye una ganancia patrimonial para el vencedor por su carácter restitutorio. El litigante puede deducir del importe recibido los gastos incurridos en el pleito, con un límite igual al importe recibido. No obstante, si los gastos de defensa jurídica ya se han deducido de los rendimientos íntegros del trabajo, dicho importe no puede volver a deducirse para determinar la ganancia patrimonial.
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