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A taxpayer received the amount of their contributions to a housing cooperative plus statutory interest from an insurer. The DGT has ruled that while the principal does not generate a capital gain, the interest must be taxed as such.
Cuestión planteada Tributación en el IRPF del importe percibido (principal e intereses).
La devolución del principal no supone variación patrimonial al ser idéntico el importe de la indemnización al derecho de crédito previo. Los intereses, al tener carácter indemnizatorio por incumplimiento, se califican como ganancia patrimonial y no como rendimientos del capital mobiliario. Estos deben integrarse en la base imponible del ahorro, asumiendo que indemnizan un periodo superior a un año.
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