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A query was raised regarding whether a €215,000 compensation for the loss of value of shares is exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that this does not constitute compensation for personal injury, but rather for property damage, and must therefore be taxed as a capital gain.
Cuestión planteada Tributación de la indemnización en el IRPF.
La indemnización por daños y perjuicios debido a la pérdida de valor de participaciones sociales no es una renta exenta por daños personales, sino una ganancia patrimonial. Al no derivar de una transmisión, se cuantifica por el total del importe percibido y se integra en la base imponible general. La imputación temporal se realiza en el período impositivo en que la sentencia judicial haya adquirido firmeza.
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