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A judge has requested a ruling on the taxation of judicial compensation for lack of rest and the legal interest received. The DGT has determined that the compensation constitutes income from employment, while the interest is classified as capital gains, both of which are attributable to the year in which the judgment becomes final.
Cuestión planteada Tributación en el IRPF de los referidos importes. Sujeción a gravamen. Imputación temporal.
La compensación por falta de descanso no es renta exenta y debe tributar como rendimientos del trabajo. Los intereses legales, al tener carácter indemnizatorio, tributan como ganancias patrimoniales. Ambos importes se imputan al período impositivo en que la sentencia judicial que reconoce el derecho adquiere firmeza.
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