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A member of a homeowners' association received compensation from a local council due to the impossibility of enforcing a demolition order. The Directorate General for Taxes (DGT) has ruled that this amount constitutes a capital gain that must be taxed within the general tax base.
Cuestión planteada Tributación en el IRPF de la indemnización.
La indemnización sustitutoria de inejecución de sentencia supone la obtención de renta y no está exenta. Al alterar la composición del patrimonio sin ser una transmisión, se califica como ganancia patrimonial por el importe percibido. Esta ganancia debe integrarse en la base imponible general del impuesto.
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