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A query was raised regarding the tax classification of legal interest arising from a court judgment for unpaid wages. The DGT has determined that, as these interests are compensatory in nature, they must be taxed as capital gains rather than income from movable capital.
Los intereses legales con finalidad de resarcir daños por incumplimiento o retraso son intereses indemnizatorios y tributan como ganancias patrimoniales. Su cuantificación será el importe de los intereses percibidos, sin poder deducir gastos procesales para determinar dicha variación patrimonial. Si los intereses indemnizan un periodo no superior a un año, se integran en la base imponible general; si indemnizan un periodo superior a un año, se integran en la base imponible del ahorro.
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