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A worker received compensation for civil liability after losing income due to a fire. The DGT has ruled that, as it pertains to financial rather than personal damages, the income must be taxed as a capital gain and does not allow for the deduction of legal and solicitor fees.
Cuestión planteada Tributación de la indemnización. Deducción fiscal de los gastos incurridos.
La indemnización por responsabilidad civil que compensa un perjuicio económico (daños patrimoniales) no está exenta según el artículo 7.d) de la Ley del IRPF. Esta renta debe calificarse como ganancia patrimonial e integrarse en la base imponible general. El importe de la ganancia será el valor de la indemnización recibida y los gastos de abogado y procurador no son fiscalmente deducibles.
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