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A taxpayer received default interest, compensatory interest, and legal costs following a court ruling. The DGT has determined that legal costs and compensatory interest constitute capital gains rather than income from movable capital.
Cuestión planteada Tributación en el IRPF de los conceptos referidos.
La condena en costas constituye una ganancia patrimonial por su carácter restitutorio, integrándose en la base imponible general. Los intereses de demora de naturaleza indemnizatoria también son ganancias patrimoniales, pero se integran en la base imponible del ahorro. El importe de la ganancia por costas es el valor de la indemnización, sin considerar los gastos de defensa incurridos.
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