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A taxpayer inquired whether a €120,000 compensation received through an out-of-court settlement for public health administration liability is subject to tax. The Directorate General for Taxes (DGT) ruled that this amount is exempt from taxation.
Cuestión planteada Tributación de la indemnización en el Impuesto sobre la Renta de las Personas Físicas.
Las indemnizaciones satisfechas por las Administraciones públicas por daños personales como consecuencia del funcionamiento de los servicios públicos están exentas. Para ello, deben establecerse de acuerdo con los procedimientos previstos en el Real Decreto 429/1993. En este caso, al cumplirse dichos requisitos, la indemnización no tributa en el IRPF.
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