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A query was raised regarding whether judicial compensation for defects in the construction of a dwelling should be subject to Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that if the amount received is used to cover the cost of repairs, no capital gain arises and, therefore, no tax is due.
Cuestión planteada Tributación en el IRPF de los importes percibidos.
La indemnización por defectos de construcción se califica como ganancia o pérdida patrimonial. Si la cantidad percibida coincide con el coste de la reparación, no se computa variación patrimonial alguna. Solo se producirá una ganancia patrimonial si el importe no destinado a las reparaciones genera un aumento en el valor del patrimonio. En caso de existir ganancia, esta se integrará en la base imponible general.
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