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A taxpayer inquired whether compensation received from insurance for professional negligence (which prevented them from claiming redundancy pay) is exempt from tax. The Directorate General for Taxes (DGT) ruled that it is not exempt, as it compensates for financial loss rather than personal injury.
Cuestión planteada Posible consideración como renta exenta de la cuantía percibida por el consultante.
La indemnización por responsabilidad civil contractual derivada de una negligencia profesional debe calificarse como ganancia patrimonial. Al no ser una exención por daños personales ni por despido, debe integrarse en la base imponible general según los artículos 33 y 48 de la Ley del IRPF. Su cuantificación será el importe determinado por el acuerdo extrajudicial o la sentencia.
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