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A taxpayer inquired whether interest received due to delays in the refund of cooperative contributions should be classified as income from movable capital and whether legal and court costs could be deducted. The DGT ruled that such interest constitutes capital gains and that procedural costs are not deductible as they are considered consumption expenses.
Cuestión planteada Tributación de los intereses indemnizatorios y consideración como pérdida patrimonial de los gastos procesales (abogado, procurador, tasas).
Los intereses indemnizatorios por daños y perjuicios no son rendimientos del capital mobiliario, sino ganancias patrimoniales. Al no derivar de una transmisión, la ganancia es el importe íntegro de los intereses percibidos, sin posibilidad de minorar los gastos procesales. Asimismo, los gastos de abogado, procurador o tasas no pueden computarse como pérdidas patrimoniales por considerarse gastos de consumo.
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