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A homeowners' association has enquired about the taxation of compensation received due to construction defects. The Directorate General for Taxes (DGT) has ruled that while such compensation constitutes a capital gain or loss, no tax will be due if the amount received is equivalent to the cost of the repairs.
Cuestión planteada Tributación de la indemnización.
La indemnización recibida por una comunidad de propietarios se califica como ganancia o pérdida patrimonial. No se computará ganancia patrimonial en la medida que la indemnización percibida coincida con el coste de las reparaciones realizadas. Solo se producirá una variación patrimonial cuando no exista equivalencia entre el importe indemnizatorio y el coste de las reparaciones.
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