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A taxpayer inquired whether compensation received due to their lawyer's negligence (to cover legal costs) is exempt from Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) ruled that it does not qualify as an exemption for personal injury, but rather as a capital gain.
Cuestión planteada Tributación en el IRPF de la indemnización.
La indemnización no está exenta por el artículo 7.d) de la Ley 35/2006 porque no repara daños personales (físicos, psíquicos o morales), sino daños materiales por perjuicio económico. Al no ser una transmisión, se califica como ganancia patrimonial por el artículo 33.1, cuantificándose por el importe de la indemnización según el artículo 34.1.b). Debe integrarse en la base imponible general.
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