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A taxpayer received €32,650.30 in damages following negligence by her lawyer. The DGT has ruled that this amount is not exempt and must be taxed under Personal Income Tax (IRPF).
Cuestión planteada Incidencia en la liquidación del IRPF de dicha indemnización.
La indemnización por daños patrimoniales derivados de responsabilidad civil contractual no constituye una exención por daños personales ni por despido. Al no estar amparada por otros supuestos de exención, se califica como ganancia patrimonial que debe integrarse en la base imponible general. Su cuantificación corresponde al importe de la indemnización establecido en la resolución judicial.
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