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V2943-14 31 October 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Repayment of a grant must be corrected by amending the tax return for the year it was received

A taxpayer inquired about the correct tax treatment for the repayment of a grant previously declared as a capital gain. The DGT clarifies that the tax adjustment should not be made in the year of repayment, but rather requires amending the tax return for the year in which the grant was originally received.

The question raised

Impact on Personal Income Tax (IRPF) of the reimbursement of the aid.

The DGT's ruling

The receipt of direct aid constitutes a capital gain as it alters the value of the taxpayer's assets. If the aid must be returned due to non-compliance with requirements, the impact on Personal Income Tax (IRPF) does not occur in the period in which the reimbursement is resolved. The regularization must be carried out through the rectification of the tax return for the tax period in which the income was included.

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