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V2158-14 5 August 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No refund of 2000 gain; loss and indemnity interest to be declared in 2012

A taxpayer sold shares in 2000, retaining part of the proceeds as security. After a 2012 valuation, an indemnity was determined affecting the sale price and generating interest. The DGT states that no refund of improperly received income in 2000 is due, but the loss and interest must be declared in 2012.

The question raised

Possibility of processing a refund of undue payments having declared the total amount of the price in 2000.

The DGT's ruling

Compensation for liabilities is autonomous in nature and constitutes a loss of assets that must be imputed to the period in which the award is issued (2012), rather than through a rectification of the original sale. The interest accrued due to the withholding is compensatory interest and must be taxed as capital gains within the savings tax base. The interest generated after the award, as it is received by a non-resident, is taxed solely in their country of residence according to the Convention with the USA.

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