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An heir received statutory and enforcement interest following the declaration of nullity of a credit card contract due to usury. The DGT has ruled that this interest is compensatory in nature and must be included in the general tax base.
Cuestión planteada Tributación en el IRPF.
Los intereses percibidos por la nulidad de un contrato tienen finalidad resarcitoria y no son rendimientos del capital mobiliario. Siguiendo la doctrina del Tribunal Supremo, estos intereses indemnizatorios deben integrarse en la base imponible general y no en la base del ahorro. Por tanto, se consideran ganancias patrimoniales que constituyen renta general.
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