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A taxpayer inquired about the taxation of an increase in compensation following a court ruling regarding the expropriation of their parents' estate. The Directorate General for Taxes (DGT) ruled that the income belongs to the original owners and must be attributed according to the rules governing judicial finality or death.
Cuestión planteada Tributación e imputación de las cantidades percibidas.
Las cantidades por expropiación forzosa se atribuyen a quienes generaron el derecho, es decir, a los titulares de los bienes. El importe correspondiente a la madre se imputa al periodo en que la resolución judicial adquiera firmeza. El importe que correspondía al padre fallecido se imputa al periodo impositivo de su fallecimiento. El heredero debe tributar por este derecho en el Impuesto sobre Sucesiones y Donaciones mediante autoliquidación complementaria.
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