Skip to content
Back to index
V2080-17 3 August 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · intereses de demora

Late payment interest on tax refunds is taxed as capital gains in the savings tax base

A query was raised regarding whether late payment interest received from tax refunds should be included in the savings tax base. The Directorate General for Taxes (DGT) ruled that, as these payments are compensatory in nature, they are classified as capital gains.

The question raised

Whether the late payment interest received on refunds from the AEAT is included in the savings tax base.

The DGT's ruling

Late payment interest on refunds from the Tax Administration constitutes compensatory interest that indemnifies damages caused by the delay in the fulfillment of an obligation. As they do not constitute returns on movable capital, they are considered capital gains resulting from the incorporation of money into the assets. Pursuant to Article 49.1,b) of Law 35/2006, these gains must be included in the savings tax base.

Book your free first meeting