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A query was raised regarding when capital gains from expropriation and judicially determined legal interest should be taxed. The DGT has ruled that both concepts must be attributed to the tax period in which the judgment determining their amount becomes final.
Cuestión planteada Imputación temporal.
La ganancia patrimonial por expropiación forzosa se imputa al periodo en que la sentencia que cuantifica el justiprecio adquiere firmeza. Los intereses legales de demora, al tener carácter indemnizatorio, tributan como ganancia patrimonial y se imputan también en el periodo en que se determina el justiprecio. Estos intereses se integrarán en la base imponible del ahorro.
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