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V1664-23 13 June 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · intereses indemnizatorios

Compensation interest for contract nullity must be taxed under the general tax base of Personal Income Tax (IRPF)

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.

The question raised

Taxation under Personal Income Tax (IRPF).

The DGT's ruling

The interest received due to the nullity of a contract has a compensatory purpose and does not constitute returns on movable capital. Following the doctrine of the Supreme Court, these compensatory interests must be included in the general tax base and not in the savings tax base. Therefore, they are considered capital gains that constitute general income.

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