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Heirs recover funds from a share purchase that was judicially annulled. The DGT clarifies that the return of capital is not considered income, but the legal interest received is taxed as capital gains within the savings tax base.
Cuestión planteada Tributación en el IRPF.
La restitución de la cantidad suscrita por nulidad de contrato no constituye renta en el IRPF al devolver las cosas a su estado inicial. Los intereses legales, al ser de carácter indemnizatorio y no remuneratorio, se califican como ganancias patrimoniales. Estas deben integrarse en la base imponible del ahorro, independientemente del periodo que abarquen los intereses.
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