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A query was raised regarding whether the payment of legal costs following judicial proceedings can be treated as a capital loss. The Directorate General of Taxes (DGT) has ruled that such awards constitute a capital loss for the party required to pay them.
Cuestión planteada Posible consideración como pérdidas patrimoniales en el IRPF.
La condena en costas no es un pago de honorarios a profesionales, sino una indemnización a la parte vencedora. Para el contribuyente condenado, este pago tiene la incidencia tributaria de una pérdida patrimonial. Al no derivar de una transmisión de elementos patrimoniales, estas pérdidas se integran en la base imponible general como renta general.
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