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A query was raised regarding how late payment interest received from the Tax Administration should be individualised within a marriage under the community property regime. The Directorate General for Taxes (DGT) ruled that this interest is compensatory in nature and must be taxed as capital gains.
Cuestión planteada Individualización de la renta correspondiente a los intereses de demora en el supuesto de matrimonio en régimen de gananciales.
Los intereses de demora por devoluciones tributarias son intereses indemnizatorios que tributan como ganancias patrimoniales al no ser rendimientos del capital mobiliario. La ganancia se atribuye a la persona o personas a quienes corresponda el derecho a su obtención. En caso de tributación conjunta, el prorrateo de la devolución y sus intereses debe seguir las reglas de la unidad familiar.
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