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A taxpayer received a tax relief for transferring a pension plan but was required to repay it due to breaching a minimum stay period. The issue concerns whether such a penalty has a specific tax treatment.
Cuestión planteada Tratamiento fiscal de la penalización aplicada por incumplimiento del plazo de permanencia.
La cuantía negativa que supone la penalización por incumplir el plazo de permanencia puede incluirse en la declaración del IRPF como rendimiento del capital mobiliario. Esto se fundamenta en que dichas contraprestaciones, cualquiera que sea su denominación, constituyen rendimientos del capital según la Ley 35/2006.
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