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A taxpayer inquired about the tax treatment of fire insurance compensation used to partially repay a mortgage and distribute the remainder. The DGT ruled that the compensation is considered received by the three siblings as borrowers, and the resulting capital gain or loss will depend on whether the amount matches the cost of repairs.
Cuestión planteada Incidencia de lo expuesto en la tributación por el IRPF.
La indemnización es obtenida por la parte prestataria del préstamo, independientemente de que se abone directamente a la entidad bancaria para amortizar la deuda. Se computará como ganancia o pérdida patrimonial la diferencia entre la cantidad percibida y la parte proporcional del valor de adquisición que corresponda al daño. Si la indemnización coincide con el coste de las reparaciones, no se produce ganancia o pérdida patrimonial.
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