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A member of a housing cooperative received the invested capital plus legal interest from an insurer following a breach of contract. The DGT has ruled that while the capital itself does not generate a capital gain, the interest must be taxed as such.
Cuestión planteada Tributación en el IRPF de los intereses.
La percepción del capital asegurado no supone ganancia o pérdida patrimonial al ser idénticos los importes. Los intereses legales percibidos tienen carácter indemnizatorio y deben tributar como ganancia patrimonial, no como rendimientos del capital mobiliario. Su cuantificación es el importe de los intereses sin posibilidad de minorar honorarios de abogados. Se integran en la base imponible del ahorro, salvo que indemnicen un periodo no superior a un año, en cuyo caso integran la base general.
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