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V2059-23 13 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Owed salaries are taxed when they were due, and interest or legal costs may be capital gains

The taxpayer asks how to tax unpaid salaries, interest, and legal costs received following a judgment. The Tax Agency responds that salaries must be attributed to the period in which they were due and that interest and legal costs are considered capital gains under certain conditions.

The question raised

Question posed: Temporal attribution of salaries and the taxation of interest and legal costs.

The DGT's ruling

Owed salaries must be attributed to the tax period in which they were due, and supplementary self-assessments may be filed without penalty. Compensatory interest (due to default or the Workers' Statute) is taxed as capital gains included in the general tax base. Legal costs are considered a capital gain, but the prevailing party may deduct the expenses incurred in the litigation to determine said gain.

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