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V2360-24 14 November 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula multidivisa

Refunds due to invalid multi-currency clauses are not income, but may require tax deduction adjustments

A taxpayer has enquired about the taxation of amounts reimbursed and interest following the judicial invalidation of a multi-currency clause. The DGT has ruled that the restitution of capital does not constitute income, but it may necessitate the repayment of tax deductions for the main residence if the eligibility requirements are no longer met.

The question raised

Taxation in the Personal Income Tax (IRPF) of the reimbursed amounts.

The DGT's ruling

The restitution of overpaid amounts due to the nullity of a clause does not constitute income. If such amounts formed part of the tax base for the deduction for primary residence, the tax situation must be regularized in accordance with Article 59 of the RIRPF. Legal interest resulting from the judgment is taxed as a capital gain integrated into the general tax base. The award of legal costs does not generate a capital gain if the amount received compensates for the expenses incurred in the litigation.

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