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A self-employed individual who was also a shareholder in a company paid compensation to other shareholders following a court ruling on unfair competition. The Directorate General for Taxes (DGT) has ruled that this expense is deductible for Personal Income Tax (IRPF) purposes under the direct estimation method.
Cuestión planteada Tributación en el IRPF de los importes satisfechos a los socios.
Las indemnizaciones pagadas para resarcir perjuicios causados por el ejercicio de la actividad económica (competencia desleal) no son donativos ni liberalidades. Al estar vinculadas a la actividad y compensar daños causados, son deducibles en la determinación del rendimiento neto. Para su deducción, deben cumplir los requisitos de imputación temporal, registro contable y estar convenientemente justificados.
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