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The consultant asks whether payment of court costs fines following a judicial procedure can be considered a patrimonial loss. The DGT confirms that yes, as such payment acts as compensation to the winning party and represents a negative variation in patrimony.
Cuestión planteada Posible consideración como pérdida patrimonial en el IRPF.
La condena en costas se considera una indemnización a la parte vencedora por los gastos de defensa en los que ha incurrido. Para el contribuyente condenado, este pago tiene la incidencia tributaria de una pérdida patrimonial. Al no derivar de una transmisión de elementos patrimoniales, debe integrarse en la base imponible general del impuesto.
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