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V2513-24 10 December 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de actividades económicas

Compensation for excess costs taxed as business income and interest as general income

A former transport entrepreneur consulted on the taxation of compensation received due to the truck cartel. The DGT ruled that the excess cost constitutes business income, while the interest is treated as capital gains forming part of the general tax base.

The question raised

Taxation under Personal Income Tax (IRPF).

The DGT's ruling

Compensation for cost overruns in the acquisition of trucks used for an economic activity is taxed as income from economic activity, even if the activity is no longer carried out. Associated professional fee expenses are also considered income from economic activity. Compensatory interest for payment delays is taxed as capital gains included in the general tax base. The 30% reduction for irregular income is not applicable as the legal requirements are not met.

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