Skip to content
Back to index
V2805-23 16 October 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de actividades económicas

Compensatory interest for delays is taxed as a capital gain within the general tax base

A retired taxpayer inquires about the taxation of income from a 2006 collaboration contract and interest awarded by a court ruling. The DGT determines that the contract income constitutes income from economic activities, whereas the court-awarded interest is classified as a capital gain.

The question raised

Taxation in the Personal Income Tax (IRPF) taking into account that the individual is currently retired.

The DGT's ruling

Income from collaboration contracts constitutes income from economic activities that must be imputed on an accrual basis, reflecting an expense in the same period or the following one. Subsequent collection is integrated as income from the reversal of a valuation adjustment. The interest resulting from the judgment, being compensatory in nature, qualifies as capital gains. Following the doctrine of the Supreme Court, these interests must be integrated into the general tax base and not the savings tax base.

Book your free first meeting